xxx
plaintiff,
Legal representative,
lawyer Sven Adam,
Lange Geismarstraße 55, 37073 Göttingen,
against
xxx
defendant,
The Hildesheim Social Court - 45th Chamber -
on December 16, 2010
through the chairman, xxx
:
The plaintiff will be granted unrestricted legal aid to carry out the legal proceedings. Attorney Adam, Göttingen, will be assigned to him.
Reasons:
According to 73 a paragraph 1 of the Social Court Act (SGG) in conjunction with the plaintiff. In accordance with §§ 114, 115 of the Code of Civil Procedure (ZPO) legal aid (PKH) is to be granted because, based on his personal and economic circumstances, he is not in a position to bear the costs of the litigation from his own income or assets, not even for Partially or in installments. Furthermore, the intended legal defense or legal prosecution cannot be denied from the outset a sufficient chance of success. This is because the approved flat-rate initial infant equipment of €130.00 may not be in line with Section 23 Paragraph 3 Sentence 5 of the Second Book of the Social Security Code – Basic Security for Job Seekers (SGB II). The defendant's contested decision does not provide any comprehensible empirical values as a basis for a generalization. This will need to be further clarified in the main proceedings.
Against this background, the lawsuit has sufficient prospects of success and PKH must be approved.
Attorney Adam is assigned to the plaintiff in accordance with Section 121 Paragraph 2 ZPO.
The approval of the PKH is incontestable for those involved in accordance with Section 127 Paragraph 2 ZPO. According to Section 127 Paragraph 3 ZPO, the complaint can be made by the state treasury.
