Facts
The insured person, born in 1954, had been unemployed since October 1, 1983. On May 18, 1984, he submitted an application to the Unemployment Insurance Office of the Canton of Aargau for approval of a four-month Spanish course in Malaga, which the Industry, Trade and Labor Office of the Canton of Aargau (KIGA) rejected.
The insured person then filed a complaint with the Insurance Court of the Canton of Aargau, requesting the payment of 62 daily allowances (total CHF 8,525.--). He waived the actual course costs. The cantonal court dismissed the complaint on May 7, 1985, as the language course represented at most a general professional development and not a further training within the meaning of the Unemployment Insurance Act. The employability had not been specifically improved by the language course.
The insured person then filed an administrative court appeal and repeated the request made at the previous instance. KIGA and the Federal Office for Industry, Trade and Labor concluded that the administrative court appeal should be dismissed.
Considerations
The Federal Insurance Court states that the assessment of whether the requirements for the payment of benefits under Art. 61 AVIG are met must be made prospectively at the time of the application. Benefits for attending courses abroad (such as a language course in the present case) can only be granted exceptionally if there are compelling reasons. A cautious practice is appropriate, as the necessary control possibilities abroad are more…