## 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

1. Whether refusing legal aid based solely on the defendant’s residence outside Germany is compatible with EU law, specifically Regulation (EC) No 44/2001.
2. What criteria Member States must meet to ensure their legal aid systems do not impede effective access to justice under EU law.
3. 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.

DEB v Germany (Case C-279/09) [2010] ECR I-3849