The plaintive student from the University of Münster had participated in the "Nikolausturnier" at her university and injured herself during a basketball game. However, only students from other universities took part in the tournament. In addition to the sporting events, two parties were organized in the canteen on the same day.
The BSG (judgment of November 27.11.2018th, 2 - B 15 U 17/2) affirmed the insurance protection. First of all, students are § 1 Para. 8 No. XNUMXc SGB VII by accident insurance. In the previous case law, the BSG has already taken the view that participation in university sports is part of education and training and is therefore study-related. In the present case, it was considered beneficial for the motivation of the students that a competition should also be organized with teams from other universities; this also promotes identification with one's own university.
It is interesting that the insurance coverage in university sports goes further than in company sports. For employees, it is assumed that physical fitness basically affects the personal sphere of the insured. Company sport is only covered by the statutory accident insurance if it serves to compensate for one-sided physical, mental or mental workload. This requires a certain regularity. This should no longer be the case when highly performance-related competitions take place, because then the risks of sport outweigh its compensatory character. In addition, the company sport should only be open to company employees, although in the case shown a participation of members of other universities did not exclude insurance coverage.
In the case of sports accidents, it is always important to establish a close relationship between sport and the insured activity.