Question juridique clé
Whether the insured reached the minimum 40% invalidity degree for an IV pension.
Solution extraite
No. Applying the earnings comparison, the invalidity degree was only about 24%, so no pension entitlement existed.
Motifs extraits
The agricultural activity was not economically sustainable and, under the duty to mitigate loss, could be expected to be given up if it did not generate an income close to subsistence; therefore it was excluded from invalid income. The spouse's lost salary was not added to valid income. The resulting comparison left the insured well below the pension threshold.