Federal Social Court: Compensation also possible with many Hartz-IV complaints
Federal Social Court: Compensation also possible with many Hartz-IV complaints
A lengthy legal dispute in connection with the Hartz IV payments has drawn attention to the challenges in the German social system in recent weeks. Above all, a mother and daughter who has been waiting for clarification of her claims since 2014 have had to overcome numerous legal hurdles during this time.
The beginnings of this conflict go back to 2014 when the two women submitted an action to the Darmstadt Social Court to receive outstanding Hartz IV services for the month of February 2014. This lawsuit developed into a multi -year procedure that was characterized by constant delays and legal disputes. The lawsuit was ultimately rejected in 2018. The appeal, which was lodged in April 2021, also dragged on and illustrates the complexity and the numerous hurdles of the German legal system, especially with regard to social benefits.
overloaded dishes and numerous lawsuits
The case of the two plaintiffs has now been much more complicated by submitting a total of 45 other lawsuits. Those affected claimed compensation for the disproportionately long procedure, which they estimated at least 2,400 euros. However, the State Social Court rejected this claim and noticed that these delays, although they were undisputed, had no significant financial effects on the applicants. Ultimately, the key question was only a comparatively modest amount of 308 euros, which has now been replaced by the new citizens' benefit.
The court argumented that the multitude of complaints represents a significant burden on the social system and the judiciary. The lawyers of the plaintiffs and the plaintiffs themselves were considered co -causers of this overload. This statement caused considerable discussions about justice and the accessibility of the legal system for socially disadvantaged people.
new perspectives by the Federal Social Court
In contrast to the decisions of the State Social Court, the Federal Social Court made it clear in a pioneering judgment of October 26, 2023 that compensation is not excluded due to overhanging procedures even with a high number of complaints. The court emphasized that the frequency of complaints must not reduce the right to compensation. The plaintiffs do not have to answer for the process behavior of their lawyer in other proceedings.
This decision means that the condition for compensation is now more clearly defined. Even if the plaintiffs have submitted numerous lawsuits, their individual claims should remain preserved. The court found that it is not legally permissible that an accumulation of complaints is considered a reason for disadvantage in compensation.
It is particularly worth mentioning that the Federal Social Court emphasized that the amount of the value in dispute is not important when it comes to the possibility of compensation. This claim shows that even minor amounts can be of vital importance for the plaintiffs, especially if they are in a financially precarious situation.
The fact that the dispute of 308 euros resulted in such a long legal dispute, creates a lightly on the challenges in access to the judiciary and the care for socially weak citizens. It is therefore important that recipients of social benefits become proactive and actively demand their rights in order to ensure more justice in the system.
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