Facts
- The case arose from a German resident’s application for legal aid to enforce a maintenance order against a debtor residing in another Member State.
- German authorities refused the legal aid application on the basis that the debtor was not located in Germany.
- This refusal led to a preliminary ruling request to the CJEU on whether such a denial was compatible with Regulation (EC) No 44/2001 regarding enforcement of judgments.
Issues
- Whether refusing legal aid based solely on the defendant’s residence outside Germany is compatible with EU law, specifically Regulation (EC) No 44/2001.
- What criteria Member States must meet to ensure their legal aid systems do not impede effective access to justice under EU law.
- Whether national provisions for granting legal aid must comply with principles of necessity, proportionality, and non-discrimination in cross-border disputes.
Decision
- The CJEU held that access to justice is a fundamental EU right and Member States must provide legal aid when necessary for the effective exercise of rights conferred by EU law.
- The Court found that the location of the defendant abroad should not alone determine the granting or refusing of legal aid.
- National legal aid systems must not impose excessive burdens or discriminatory restrictions that would undermine effective judicial protection.
Legal Principles
- Legal aid must be available where it is genuinely necessary for individuals to execute EU-conferred rights.
- Conditions for granting legal aid must be proportionate, ensuring individuals are not subject to undue restrictions that make legal aid illusory.
- Legal aid systems must operate without discrimination on the basis of nationality or residence.
- Effective judicial protection under EU law requires that access to justice is not obstructed by the cross-border character of a dispute.
Conclusion
The CJEU’s judgment in DEB v Germany clarified that Member States’ legal aid schemes must fulfill the requirements of necessity, proportionality, and non-discrimination to guarantee effective access to justice under EU law, particularly in cross-border disputes, reinforcing judicial protection and equitable enforcement of EU rights.