DEB Deutsche Energiehandels-und Beratungsgesellschaft (Principles of Community law) [2010] EUECJ C-279/09 (02 September 2010)

DEB Deutsche Energiehandels-und Beratungsgesellschaft (Principles of Community law) [2010] EUECJ C-279/09 (02 September 2010)

National rules restricting legal aid for legal persons are not per se contrary to EU law, provided they do not render access to justice excessively difficult in practice and are applied equivalently to EU and domestic claims. The assessment must be made in light of the specific circumstances, including the amount of...

Source-derived case information.

Parties
Applicant: DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH; Respondent: Bundesrepublik Deutschland
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Guidance to national court; no final determination.
Legal Topics
Access to Justice, Legal Aid, State Liability, Principles of Effectiveness and Equivalence, Discrimination Between Legal Persons and Natural Persons
European Union Law Civil Procedure Human Rights Access to Justice Legal Aid State Liability Principles of Effectiveness and Equivalence Discrimination Between Legal Persons and Natural Persons

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Parties

DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH

Applicant

Bundesrepublik Deutschland

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Whether national rules restricting legal aid for legal persons violate EU principles of effectiveness and equivalence
  2. 2 Whether requiring payment of court fees without possibility of legal aid for legal persons makes access to justice excessively difficult

Ratio Decidendi

National rules restricting legal aid for legal persons are not per se contrary to EU law, provided they do not render access to justice excessively difficult in practice and are applied equivalently to EU and domestic claims. The assessment must be made in light of the specific circumstances, including the amount of court fees and the possibility of legal aid.

Court Disposition

Guidance to national court; no final determination.

Orders

  • National court must assess whether the combination of high court fees and restrictive legal aid rules for legal persons renders access to justice excessively difficult in the specific case.