decision
In the litigation:
1. xxx
2. xxx
3. xxx
to 2 and 3 xxx
plaintiff,
Legal representative:
for 1-3: Attorney Sven Adam,
Lange Geismarstraße 55, 37073 Göttingen,
against
xxx
defendant,
The Hildesheim Social Court - 35th Chamber - decided on August 4, 2011 through the chairwoman, xxx:
The plaintiffs are granted unrestricted legal aid for the first instance proceedings with the assistance of lawyer Adam, Göttingen.
reasons
According to Section 73a of the Social Court Act (SGG) in conjunction with Section 114 of the Code of Civil Procedure (ZPO), the plaintiffs were to be granted unrestricted legal aid.
According to the documents submitted, the plaintiffs' income falls below the limit in the table attached to Section 115 ZPO.
The legal prosecution cannot be denied a sufficient chance of success from the outset. According to the case law of the Lower Saxony-Bremen State Social Court, a security surcharge must also be added to the table values according to Section 12 of the Housing Benefit Act - WohnGG (decision of April 6, 2011 - L 7 AS 222/11 B ER). Likewise, the filing of the lawsuit does not appear to be wanton within the meaning of Sections 114, 118 Paragraph 2 ZPO.
According to Section 121 Paragraph 2 ZPO, the lawyer of choice was to be assigned to the plaintiffs because representation by a lawyer appears necessary.
This decision is incontestable for those involved (Section 127 Paragraph 2 ZPO); The state treasury has a right of appeal in accordance with Section 127 Paragraph 3 ZPO.
