Question juridique clé
Whether the child met the requirements for birth defect no. 404 GgV and thus had a right to medical measures under Art. 13 IVG.
Solution extraite
The cumulative criteria for birth defect no. 404 were not proven, because a qualifying disturbance of perception/processing was not established on the balance of probabilities.
Motifs extraits
Although diagnosis and treatment began before age 9 and several behavioral, drive, concentration, and memory disturbances were shown, the decisive disturbance of perception was not sufficiently demonstrated. The court preferred the newer 2013 Mottier norms and found the child's result average; the visual tests likewise remained within the norm.