L 4 SO 268/21
S 12 SO 22/21 (Kassel Social Court)
DECISION
In the litigation
xxx,
plaintiff and defendant,
Legal representative:
Attorney Sven Adam,
Lange Geismarstraße 55, 37073 Göttingen,
against
Werra-Meißner district, represented by the district committee - Department of Law, Supervision
and Order, Security -, Schlossplatz 1, 37269 Eschwege,
defendant and appellant,
The 4th Senate of the Hessian State Social Court in Darmstadt decided on March 7, 2022 through the judge at the State Social Court xxx as rapporteur:
The defendant must reimburse the plaintiff for her necessary out-of-court costs for the appeal process.
REASONS
According to Section 156 Paragraph 3 Sentence 2, Section 193 Sentence 3 in conjunction with In accordance with sentence 1 of the Social Court Act (SGG), the court decides upon application by decision of the rapporteur (§ 155 para. 4 in conjunction with para. 2 sentence 1 no. 5 SGG) whether and to what extent the parties involved are involved in each other Costs must be reimbursed if the proceedings are ended other than through a judgment. The costs decision only affects the appeal proceedings, since there is no settlement of the legal dispute in the main matter through a unilateral declaration of settlement by the plaintiff (withdrawal of the lawsuit), accepted acknowledgment or unanimous declaration of settlement by the parties involved (for the decision on costs for all legal actions in these cases, see e.g. BSG decision of May 3, 2018 – B 8 SO 44/17 B – Rn. 2) is available (see above; for the separate cost decision for the respective legal action despite the principle of uniformity of the basic cost decision, see e.g. Gutzler in: BeckOGK, SGG, § 193 Rn. 4, and Wehrhahn in: jurisPK-SGG, § 193 Rn. 15). The defendant withdrew the appeal.
The defendant's expenses are not reimbursable (Section 193 Paragraph 4 SGG).
The decision on costs is made according to appropriate or equitable discretion, in which the focus is generally on the procedural success, which is to be assessed based on the facts and status of the dispute at the time of settlement of the legal dispute; if the outcome is uncertain, half the reimbursement of costs is taken into account, but also the reasons for the appeal of the appeal and the settlement of the legal dispute can be taken into account (see e.g. BSG of December 13, 2016 - B 4 AS 14/15 R - Rn. 7 and Schmidt in: Meyer-Ladewig/Keller/Leitherer/Schmidt, SGG, 13. Edition 2020, § 193 Rn. 13). Accordingly, taking into account the following circumstances, it corresponds to fair or appropriate discretion to order the defendant to reimburse the plaintiff's necessary out-of-court costs, because the defendant withdrew his appeal, which was "initially" filed to meet the deadline on December 27, 2021, on January 24, 2022, without to justify the appeal.
This decision is incontestable in accordance with Section 177 SGG.
