Attorney Costs

03.11.19 / News / Author:
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Federal Office of Administration must arise BAFoG matter for Attorney costs the OVG Munster rejects the establishment of the federal administrative authority against the judgment of the VG Cologne by Dec 4, 2008 decision of the 2nd Senate by February 10, 2010 (AZ: 26 K 3769/08) ab. Thus, the judgment, which speaks the costs of lawyer by the authority to a student in Affairs of the BAFoG, is valid. Is subject to the Federal Administrative Office in Cologne, Germany, inter alia, to manage the loans to students by the Studentenwerken under the Federal Education Assistance Act. Students are often, refer to the BAFoG, about the legal implications of certain decisions and administrative acts in the dark. Many students contact regarding legal responses to lawyers. The authority has the cost of legal advice and advocacy to wear when the assistance of a lawyer was needed.

Whether the obtaining of legal advice was necessary or superfluous, is often disputed. In the decisive case sent the Federal Office of administration the students a recovery decision over several thousand euros, although the student money years before full back had done. The authority was still on the ascertainment and payment decision. As also consulted with the Student Union was unsuccessful, the student asked the law firm Bartholl with the interests. After filing of the opposition by the lawyer, the Federal Office of Administration lifted the ascertainment and payment notices. In addition, it decided that the Federal Republic of Germany must bear the costs of the opposition proceedings. The involvement of the lawyer the students cost several hundred euros. Amazing restaurateur is often quoted as being for or against this. The Federal Office of Administration reported the students just 70 cents for postage.

The Federal Office of administration refused the compensation for the costs of the lawyer despite several attempts at an amicable and consensual agreement and even after the power of the President and Vice President of the Office. Thereupon the student, who was represented by the law firm Bartholl brought obligation complaint to the Administrative Court Cologne and coveted him the compensation of all legal costs incurred. The 26 Chamber of the Administrative Court in Cologne ruled by judgment of Dec 4, 2008, that the involvement of a lawyer in the appeal procedure was necessary (VG Cologne judgment of Dec 4, 2008, ref. 26 K 3769/08). The Court ruled that the reimbursement of only 70 cents was illegal and violated the student’s rights. The Federal Office of Administration saw the decision come to very high labour costs on the federal budget. According to the Federal Administration Office, the decision resulted would have, “that any of the numerous BAFoG recipient (it is a mass process management) could consult a lawyer always after receiving the ascertainment and payment notification without differentiation according to individual cases, where might not to fear, for this” triggered lawyer costs come up to. Fearing a negative decision, the Federal Office of administration it brought against the judgment Appeal to the Oberverwaltungsgericht for the land North Rhine-Westphalia. The OVG Munster reviewed the approval request and rejected the appeal by a decision of the second Senate of February 10, 2010 (OVG Munster decision by February 10, 2010, ref. 2 A 38/09). The decision of the OVG Munster is incontestable. The judgment of the VG Cologne by December 4th, 2008 (AZ: 26 K 3769/08) is thus final. The decisions can be viewed in full text on the website of the law firm Bartholl or requested free of charge directly at the Office in Munich. Contact person: lawyer Jan Bartholl E-Mail: info (at) Internet: telephone: 01803/505415-365249

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