xxx
Plaintiffs,
Legal representative,
lawyer Sven Adam,
Lange Geismarstraße 55, 37073 Göttingen,
against
xxx
defendant,
The Social Court of Hildesheim – 45th Chamber –
on December 16, 2010,
through its presiding judge, xxx
:
The plaintiff is granted unrestricted legal aid for the conduct of the legal proceedings. Attorney Adam, Göttingen, is appointed to represent him.
Reasons:
The plaintiff is to be granted legal aid pursuant to Section 73a Paragraph 1 of the Social Courts Act (SGG) in conjunction with Sections 114 and 115 of the Code of Civil Procedure (ZPO) because, based on his personal and financial circumstances, he is unable to bear the costs of litigation from his own income or assets, even partially or in installments. Furthermore, the intended legal defense or pursuit cannot be deemed to lack sufficient prospects of success from the outset. This is because the granted lump-sum allowance for initial infant equipment in the amount of €130.00 may not be in accordance with Section 23 Paragraph 3 Sentence 5 of the German Social Code, Book Two – Basic Income Support for Job Seekers (SGB II). The defendant's contested decision does not reveal any comprehensible empirical data to serve as the basis for such a lump sum. This will need to be clarified further in the main proceedings.
Against this background, the claim has sufficient prospects of success and legal aid should be granted.
Attorney Adam is to be appointed to represent the plaintiff pursuant to Section 121 Paragraph 2 of the German Code of Civil Procedure.
The granting of legal aid is not subject to appeal by the parties pursuant to Section 127 Paragraph 2 of the German Code of Civil Procedure (ZPO). Pursuant to Section 127 Paragraph 3 of the ZPO, an appeal may be lodged by the public treasury.
