Key legal question
Whether the franchise changes and resulting retroactive premium recalculations were lawful
Extracted holding
The retroactive correction of the unlawful under-year franchise change was permissible; the complaint about the franchise adjustments was rejected.
Extracted reasoning
A higher franchise may be chosen only at the beginning of a calendar year under Art. 94 KVV. The insurer was therefore entitled to reverse the invalid April 2017 changes and to restore the legally valid franchise for 2018.