Question juridique clé
Whether nicotine dependence can be treated as a disease under compulsory health insurance law
Solution extraite
Nicotine dependence is not categorically excluded as a disease; it may have disease value if medically treatment-needing. The lower court erred by rejecting it in principle.
Motifs extraits
The court held there is no sufficient reason to distinguish nicotine addiction from alcohol or drug dependence as to disease value. The decisive point is medical treatment need, which depends on the degree of dependence and possible comorbidities.