Question juridique clé
Whether the claimant was entitled to insolvency compensation for the claimed period despite being the spouse of the company's board president/member
Solution extraite
No; spouses of an employer-like person are excluded from insolvency compensation under the applicable law.
Motifs extraits
The relevant time is governed by Art. 51 AVIG as in force from 1 January 1996. The claimant was married to the company's board president/member during the claimed period, so she fell within the exclusion. A concrete abuse was not required; the risk inherent in such constellations already justifies the exclusion.