Student's energy allowance claim dismissed; categorical exclusion upheld as objectively justified by diverse living situations.
Legislator summary
AI generatedThe court dismissed the applicant's appeal against the municipal rejection of her energy allowance application based on her status as a student. While the applicant argued for unequal treatment compared to non-students, the court found the categorical exclusion objectively justified due to the diverse living situations of students and the risk of overcompensation. Although the decision suffered from a minor motivation defect, the court ruled this did not cause the applicant harm and thus passed over the defect under administrative law.
Legislator headnote
AI generatedArt. 35 lid 4 Pw; Art. 6:22 Awb: The categorical exclusion of students from a one-off energy allowance is objectively justified by the diversity of their living situations and the risk of overcompensation, and a minor motivation defect does not constitute grounds for annulment if no harm is caused.