Legal issue: whether the contested rules are constitutional, as far as they do not allow the recognition of a founder of an association of house-owners as an unemployed person, whereas the founders (or members) of other non-commercial organisations may under the same law be recognised as being unemployed, which gives then the right to unemployment benefits.

Ratio decidendi: the Court held the contested regulation to be unconstitutional, having pointed out that the federal legislator has violated the prohibition against different attitude towards persons belonging to the same category. The founders and members of non-commercial organisations, as a rule, neither have a goal to exercise their constitutional right to free disposal of their capacity to work nor aim to derive income from the activities of this non-commercial organisation. Correspondingly, the members (founders or other participants) of the association of house owners also do not have property rights as regards the given non-commercial organisation and do not exercise through it an economic activity aimed at receiving a regular income. Therefore, they may not be considered, too, as persons having a job and earnings (labour income).