Question juridique clé
Whether the insured had a right to retraining under Art. 17 IVG based on a sufficient invalidity-related loss of earning capacity.
Solution extraite
A retraining right could not be denied solely on the basis of current incapacity; the case had to be reassessed in light of threatened invalidity and further medical clarification.
Motifs extraits
The lower court examined only the roughly 20% invalidity threshold and lacked findings on threatened invalidity under Art. 8(1) IVG as amended from 1 January 2008. The late medical report indicated increasing back pain, need for treatment, and a prognosis supporting a retraining measure.