Questão jurídica principal
Whether the private-use value of the company car had to be included in the insured wage for accident insurance premium purposes.
Decisão extraída
Yes. The regular private availability of the vehicle to the shareholder-manager justified treating the benefit as massgebender Lohn subject to premiums, even if tax law qualified it differently.
Fundamentação extraída
The court held that the decisive point was the employment relationship and the economic availability of the car, not the intensity of actual private use. The tax characterization as hidden profit distribution did not preclude an accident-insurance wage qualification; the administrative guidelines did not compel a different result.