Court: No free sexual enhancement for police officers

Court: No free sexual enhancement for police officers

Federal Administrative Court: Health care responsible for service capability
(jur). At least in North Rhine-Westphalia, the state regulations stipulate that medical care only serves to maintain or restore police service capability, which does not include maintaining potency, ruled on Thursday, April 28, 2016, the Federal Administrative Court in Leipzig (file number: 5 C 32.15 ).

In the case of free medical care, civil servants, especially police officers, are fully reimbursed for medical expenses incurred. This takes precedence over the right to receive aid. Unlike the allowance, family members cannot benefit from medical care.

In the case now decided, a chief detective commissioned the free medical care to pay for the sexual enhancer "Cialis". The doctor had prescribed the medication for erectile dysfunction due to illness-related erectile dysfunction.

However, the application to cover the costs of EUR 323.89 was rejected.

Rightly so, as the Federal Administrative Court ruled. According to the state law, the health care only applies to "expenses for maintaining or restoring police service capability". The potency drug "Cialis" is not necessary for the maintenance of police service.

This also does not violate the employer's duty of care under constitutional law. A complete reimbursement of any expenses in the case of illness is not required. The employer had to take care of the medical care "that the official should not be burdened with financial costs in case of illness, which he cannot cope with through regular salaries and a reasonable personal provision", said the Federal Administrative Court.

The plaintiff was not unreasonably burdened with the low expenses for the erectile dysfunction. According to the North Rhine-Westphalian state law, the official could also try to reimburse the state aid law. (fle / mwo)

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