Proceedings

Procedural Support/ Legal Aid

Legal Aid can be granted under similar condi­tions as before civil courts given that the provisions of Sec .63 of the Act on Civil Procedure (ZPO) can be applied accordingly.

Thus, Legal Aid can be granted fully or partially if a party could not bear legal fees without endan­gering her necessary maintenance and if the claims of the respective case are neither apparently wanton nor pointless. Necessary maintenance is considered to make up the amount of money which the party needs to cover expenses of a simple(st) live stile for herself and her family. A claim can be regarded as wanton if a party without Legal Aid would not or only partly assert these claims after having taken all circum­stances into account.

Legal entities and other entities which hold the capacity to sue and be sued can be granted Legal Aid if the means necessary for a process can neither be beard by her nor by those who are economically concerned by the process. Equally, the asserted claims must not be apparently wanton or pointless and the omission of prosecu­tion shall not contradict important public inte­rests. The same holds true for publically appointed bodies or statutory rep­resentatives of assets if the necessary means cannot be beard by the asset’s funds or those economically concerned by the process.