The state social court has stopped the practice of the Unfallkasse Baden-Württemberg, according to which a large number of company cars were also or predominantly used privately.
Stuttgart - The state social court has stopped the practice of the Unfallkasse Baden-Württemberg, according to which a large proportion of company cars were also or predominantly used privately. When determining the need, private kilometers were also taken into account - what was not justifiable, the court in Stuttgart ruled according to a statement on Monday. In addition, the Unfallkasse even wants private use in order to get more favorable leasing conditions because of a higher annual mileage. In doing so, it exceeds its statutory remit. (Ref .: L 6 U 2716/20 KL from June 29th)
According to the information, the Unfallkasse has assigned 28 of 35 company vehicles to individual employees. With 312 employees, 35 vehicles are more than ten percent, the court calculated. With the same approach, Baden-Württemberg would have to purchase over 30,000 vehicles from more than 300,000 state employees and make them available to its employees as company cars. "This illustrates the extraordinarily large size of the business vehicle fleet of the Accident Fund."
In addition to the material costs, there would also be personnel costs for the administration and billing of the vehicle fleet, which would ultimately be borne by the contributors.
The court came to the conclusion: "The plaintiff's range of tasks clearly does not include the provision of company vehicles financed with funds from the insured community to its employees for private use."
According to a court spokesman, the Accident Fund can appeal against the judgment to the Federal Social Court.
There was initially no reaction from the accident insurance.
The Unfallkasse Baden-Württemberg is responsible for the statutory accident insurance for employees in state and municipal companies as well as for corporations in which the state or municipalities hold a majority. The state, as the supervisory authority, had obliged the fund last summer not to provide employees with any personal company vehicles "where the inefficiency was obvious due to insufficient business use". Instead, the use of pool vehicles should be considered. The accident insurance company sued against this. (dpa / lsw)
