In the legal dispute
xxx
Plaintiffs,
Legal representative:
Attorney Sven Adam,
Lange Geismarstraße 55, 37073 Göttingen,
against
xxx
defendant,
The Social Court of Hildesheim – 33rd Chamber – decided on May 13, 2011 by xxx:
The plaintiff is granted unrestricted legal aid for the conduct of the legal proceedings in the first instance, with the appointment of Mr. Adam, Attorney at Law, Göttingen.
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 plaintiff is to be granted legal aid because the intended legal defense or pursuit offers sufficient prospects of success and does not appear frivolous. For the granting of legal aid, it is sufficient if the claim can be coherently substantiated on the basis of a provisionally defensible and debatable legal position. In the context of the prognostic assessment of the possibilities of success, a subsequent victory need not appear more likely than a defeat (cf. Lower Saxony-Bremen State Social Court, decision of April 10, 2006 – L 9 B 21106 AS).
In the present case, the legal action could not be denied sufficient prospects of success from the outset. This applies in particular to the fact that the defendant determined the appropriateness of the accommodation costs based on the expert opinion of the company F + B, which has since been the subject of several proceedings before this court (judgment of June 16, 2010, file no.: S 23 AS 1062/06; judgment of June 22, 2010, file no.: S 35 AS 103/08 and judgment of January 13, 2011, file no.: 35 AS 743106) and was not recognized as a "conclusive concept" within the meaning of the case law of the Federal Social Court (judgment of August 20, 2009, file no.: 13 14 AS 41/08 R).
Furthermore, due to his economic and personal circumstances, the plaintiff is unable to bear the costs of the litigation from his own income or assets, not even partially or in installments. According to the submitted documents, the applicant's income falls below the threshold specified in the table appended to Section 115 of the German Code of Civil Procedure (ZPO).
Attorney Adam is to be appointed to represent the plaintiff pursuant to Section 121 Paragraph 2 of the German Code of Civil Procedure (ZPO), as requested, because representation by an attorney appears necessary.
This decision is final and unappealable for the parties involved (§ 127 para. 2 of the Code of Civil Procedure); the public treasury has a right of appeal pursuant to § 127 para. 3 of the Code of Civil Procedure.
