Questione giuridica chiave
Whether the hypothetical pre-injury income had to be adjusted to nominal wage growth when based on an average historical salary.
Decisione estratta
Yes. The average income had to be brought up to the valuation date by nominal wage development before comparing it with the invalid income.
Motivazione estratta
Time-consistent comparison incomes are required. If the valid income is derived from an average of earlier years, it is not contemporaneous unless adjusted for wage development; otherwise the comparison is distorted.