DECISION
In the legal dispute
xxx,
Plaintiff
Legal representative:
Attorney Adam, Lange Geismarstraße 55, 37073 Göttingen,
against
City of Cologne - Office for Social Work and Senior Citizens -, represented by the Mayor,
Ottmar-Pohl-Platz 1, 51103 Cologne,
Defendant
The 10th Chamber of the Cologne Social Court, through its presiding judge, Judge xxx, decided on February 7, 2023:
The defendant shall bear the plaintiff's extrajudicial costs.
REASONS
Pursuant to Section 193 Paragraph 1 Sentence 3 of the Social Courts Act (SGG), the court decides on costs by order upon application if the legal dispute has not been concluded by a judgment or order. The decision on costs is at the court's discretion. In exercising this discretion, the court took into account that the plaintiff's claim was successful. The fact that the plaintiff was granted legal aid is not a factor in the cost decision. This is a matter of chance. For example, legal aid would not be granted if the plaintiff has legal expenses insurance or is a member of a social welfare organization. Even though the defendant has no right to declare regulations unconstitutional, the unconstitutionality of a norm is attributable to the authority as the representative of the state and cannot be passed on to the citizen through the cost decision.
The following is information on legal remedies.
