DECISION
In the legal dispute
between 1. xxx,
2. xxx,
3. xxx,
represented by
xxx,
Plaintiffs,
Procedural representative: to 1-3: Attorney Sven Adam,
Lange Geismarstraße 55, 37073 Göttingen,
against
xxx,
Defendant,
The Social Court of Hildesheim – 15th Chamber – decided on June 5, 2012, through its presiding judge, Judge xxx:
The plaintiffs are granted legal aid for the first instance with the appointment of lawyer Adam from Göttingen.
REASONS
The plaintiffs were to be granted unrestricted legal aid pursuant to Section 73a of the Social Courts Act (SGG) in conjunction with Section 114 of the Code of Civil Procedure (ZPO).
I. According to the documents submitted, the plaintiffs are unable to bear the costs of litigation due to their personal and economic circumstances.
II. The legal action cannot be deemed to lack sufficient prospects of success from the outset. Likewise, the action does not appear frivolous (§§ 114, 118, para. 2 of the German Code of Civil Procedure).
It therefore seems entirely reasonable that the plaintiffs can file separate lawsuits for each benefit period.
Regarding the reimbursement of the electricity costs for the heating system as heating costs under Section 22 of the German Social Code, Book II (SGB II), there are even good prospects of success. The fundamental consideration of these costs within the framework of heating costs is also logical because the operation of the heating pump is inextricably linked to the operation of the heating system itself, so that the reimbursement of such costs must generally be included in the calculation of reasonable heating costs. (See, for example, for a condominium or a self-occupied single-family home: Federal Social Court (BSG), judgment of July 7, 2011, case no. B 14 AS 51/10 R, cited according to Juris, para. 15; see also para. 13, according to which the costs for electricity, insofar as it is not used for generating heating energy, are covered by the relevant standard benefit).
The detailed examination of the claims remains reserved for the main proceedings.
III. Pursuant to Section 121 Paragraph 2 of the Code of Civil Procedure, the lawyer was to be appointed at the plaintiffs' discretion, as representation by a lawyer appeared necessary.
IV. 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.
