Legal norms: Section 73a of the Social Court Act (SGG) in conjunction with Section 114 of the Code of Civil Procedure (ZPO), Section 22 Paragraph 1 of the Social Code, Book II (SGB II) – Keywords: Legal aid, prospects of success, F+B expert opinion, Göttingen
Category: Court Decisions Obtained
Higher Regional Court of Celle – Case No.: 32 Ss 6/11
Legal norms: Section 27 of the Federal Assembly Act (VersG), Section 20 Paragraph 2 Sentence 1 No. 2 of the Lower Saxony Assembly Act (NVersG) – Keywords: No criminal liability under the new Lower Saxony assembly law for violations of the ban on face coverings, unless an administrative act specifying the duty of conduct has previously established the illegality of the face covering.
Tiergarten District Court – Decision of May 1, 2011 – File No.: 383 AR 3006/11 ASOG
Standards: Section 31 ASOG – Keywords: Immediate judicial decision in cases of deprivation of liberty – avoidable procedural delay due to incorrect transfer of the person concerned to the magistrate when there are clearly no grounds for detention.
Tiergarten District Court – Decision of May 1, 2011 – File No.: 381 AR 3004/11 ASOG
Legal norms: Section 31 ASOG – Keywords: Pre-judicial identification procedures under public safety law before a judge decides on the continuation of detention violate the principle of immediacy
State Social Court of Lower Saxony-Bremen – Case No.: L 11 AS 1255/10 B
Legal norms: Section 172 Paragraph 1 of the Social Court Act (SGG), Section 114 of the Code of Civil Procedure (ZPO) – Keywords: Time of legal aid approval when the legal aid application form is submitted immediately afterwards
Braunschweig Regional Court – Case No.: 5 T 220/11
Legal norms: Section 750 Paragraph 1 of the German Code of Civil Procedure (ZPO), Section 319 of the German Code of Civil Procedure (ZPO) – Keywords: Any change in the person of the creditor or debtor is inadmissible as a correction under Section 319 of the German Code of Civil Procedure (ZPO) after the issuance of a garnishment and transfer order.
State Social Court of Lower Saxony Bremen – Case No.: L 6 AS 761/10B
Legal norms: Section 7 Paragraph 1 Sentence 2 No. 1 SGB II, Section 114 Sentence 1 ZPO – Keywords: Legal aid for a lawsuit against the exclusion from benefits under Section 7 Paragraph 1 Sentence 2 No. 1 SGB II, also in cases of foreigners moving in with spouses
Hildesheim Social Court – Decision of February 16, 2011 – Case No.: S 33 AS 2525/10 ER
Legal norms: Section 73a Paragraph 1 of the Social Court Act (SGG) in conjunction with Sections 114 and 115 of the Code of Civil Procedure (ZPO) – Keywords: Retroactive granting of legal aid if all requirements are met at the time the case is ready for a decision
Social Court Hildesheim – Decision of 09.02.2011 – File No.: S 54 AS 2449/08
Section 193 of the Social Court Act (SGG) – Keywords: Allocation of costs in proceedings concerning disputed standard benefits prior to the decision of the Federal Constitutional Court of 9 February 2010
Administrative Court Göttingen – Judgment of 09.02.2011 – Case No.: 1 A 213/10
Legal norms: Section 88 of the Social Court Act (SGG), Section 1004 of the German Civil Code (BGB) – Keywords: Extortion and actions for failure to act
