Facts
The case concerns the reduction of military insurance benefits pursuant to Art. 7 para. 1 MVG. The insured L. had caused his health impairment through gross negligence, which is why the Federal Office for Military Insurance and the Civil Court of the Canton of Glarus considered a reduction of the benefits.
The Federal Supreme Court had to decide whether in such a case a reduction of the benefits is mandatory or whether the authority can also refrain from it.
Considerations
The Federal Supreme Court concluded that Art. 7 para. 1 MVG represents a genuine discretionary provision. The legislator has granted the authorities a wide margin of discretion, so that even if the legal requirements for a reduction are met, it can be refrained from.
This interpretation results from the wording of the provision, the legislative materials, and the special position of the military insurance compared to the disability insurance. Unlike the disability insurance, where reductions due to gross negligence are mandatory, the self-inflicted reduction in the contribution-free military insurance is primarily intended to serve the economic protection of the insurance.
Furth…