xxx
represented by,
xxx
Plaintiff,
Legal representatives:
for 1-2: Attorney Sven Adam,
Lange Geismarstraße 55, 37073 Göttingen,
against
xxx
defendant,
The Social Court of Hildesheim – 45th Chamber –
decided on January 10, 2011:
The plaintiffs are granted full legal aid for the conduct of the legal proceedings. Attorney Adam, Göttingen, is appointed to represent them.
Reasons:
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), the plaintiffs are to be granted legal aid because, based on their personal and financial circumstances, they are unable to bear the costs of litigation from their 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 application of the rounding rule in Section 41 Paragraph 2 of the German Social Code, Book Two – Basic Income Support for Jobseekers (SGB II), which is the sole point of contention here, results in a slightly higher individual benefit for the plaintiffs over the six-month benefit period.
While the costs of accommodation/heating are transferred directly from the City of Göttingen, acting on behalf of the defendant, to the landlord in the amount of the actual costs, and therefore rounding the amount of €378.77 is not applicable (cf. Conradis in LPK – SGB II, § 41, para. 13, for a convincing explanation of rounding in these cases), the monthly standard benefit entitlement of the plaintiff no. 1 is calculated at approximately €328.00 (€359.00 less €6.47 costs of hot water preparation + €129.00 additional needs less adjusted child benefit €154.00 = €327.53) and for the plaintiff no. 2 at approximately €211.00 (social assistance €215.00 less costs of hot water preparation €3.88 = €211.12). The resulting payment to the household in need is €539.00. The city pays the plaintiff (1) €538.23 (less €35.00 for loan repayment). The difference of €0.77 per month still needs to be settled; the value in dispute in these proceedings is therefore €4.62.
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 plaintiffs 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.
