Court No free funds for police officers

Federal Administrative Court: medical care responsible for health care
(Jur). Police officers can not receive any reimbursement for sexual enhancement from state "free medical care". At least in North Rhine-Westphalia, state regulations stipulate that medical care only serves to maintain or restore police capability, which does not include preserving potency, the Federal Administrative Court in Leipzig ruled on Thursday, April 28, 2016 (ref .: 5 C 32.15 ).

In the case of free medical care, civil servants, in particular police officers, are fully reimbursed for medical expenses incurred. This takes precedence over the entitlement to grant aid. Unlike assistants, family members can not benefit from the care of the sick.

No power for policemen. Image: Gerhard Seybert - fotolia

In the case now decided a Kriminalhauptkommissar of the free welfare care had demanded the reimbursement for the Potency "Cialis". The doctor had prescribed him the drug because of disease-related potency disorders, the so-called erectile dysfunction.

However, the request for payment of 323,89 Euro was rejected.

Rightly so, as the Federal Administrative Court ruled. According to state law, medical care applies only to "expenditures to maintain or restore police capability". However, the potency agent "Cialis" is not required for the maintenance of police capability.

This does not violate the constitutional duty of care of the employer. A complete reimbursement of any expenses incurred in illness is not required. The employer must take care of the care of the sick, "that the official in sickness cases is not burdened with financial costs, which he can not cope with the rule and a reasonable discretionary own provision," said the Federal Administrative Court.

The plaintiff was not burdened with the low expenditures for the Potency means also unreasonable. According to the North Rhine-Westphalian state law, the official could also try a reimbursement of state aid. (Fle / mwo)