Questione giuridica chiave
Whether the CHF 60,000 intra-family loan claims were still countable assets or had been waived by gift in 2014
Decisione estratta
The court found it more likely than not that on 12 November 2014 the appellant validly and irrevocably waived repayment of both loans by gift; the claims were therefore treated as divestment assets under EL law.
Motivazione estratta
The signed 2014 agreements, together with the son's 2014 tax declaration showing a CHF 30,000 gift, outweighed doubts created by the later tax disclosure in 2016. Additional tax-office inquiries were deemed unnecessary.