Questão jurídica principal
Whether the claimant was entitled to unemployment benefits despite her husband’s managerial position in the employer company.
Decisão extraída
No. A spouse employed in a company controlled by the other spouse is treated like a person in an employer-like position for unemployment insurance purposes where the risk of self-determined reemployment remains.
Fundamentação extraída
The Court applied settled case law by analogy with Art. 31 para. 3 let. c LACI. The decisive point was not whether the claimant herself held a managerial role, but that her husband retained a determining influence in the company, so the employment relationship had not been severed in a way that would eliminate the abuse risk.