Proceedings

Legal Aid

In proceedings before the Staats­gerichtshof, applicants have a right to legal aid, provided that they fulfil the condi­tions in accordance with § 63 of the Code of Civil Procedure (Zivilprozessord­nung; ZPO).

Consequently, legal aid is granted to a party to the extent that

1. they are unable to pay the costs of proceedings without affecting their requisite subsi­stence and
2. the proceedings are neither of manifestly wilful nature nor without any chance of success.

The requisite subsi­stence consists of an amount of money required for a simple life of both the party and their family. Manifestly wilful proceedings are those for which a reasonable party would not pay out of their own pocket.

Similarly, legal persons may be granted legal aid to the extent that

1. neither they nor their beneficiaries who have a vested inte­rest in the outcome of the proceedings are able to pay the costs of proceedings;
2. the proceedings are neither of manifestly wilful nature nor without any chance of success and
3. refraining from the proceedings would run counter to general inte­rests.

The same condi­tions apply to an officially appointed executive body and legal rep­resentatives of specific assets.