Rule 378 – Application for legal aid

1. An application for legal aid may be lodged before or after proceedings have been started before the Court.

2. The Application for legal aid shall contain in a language of a Contracting Member State:

(a) the name of the applicant;

(b) postal and electronic addresses for service on the applicant and the names of the persons authorised to accept service;

(c) the name of the other party as well as postal and electronic addresses for service on the other party where available and the names of the persons authorised to accept service, if known;

(d) the action number of the action in respect of which the application is made or, where the application is lodged before the action has been brought, a brief description of the action;

(e) an indication of the value of the action and the costs to be covered by legal aid;

(f) where legal aid is requested for costs of legal assistance and representation, the name of the proposed representative;

(g) an indication of the applicant’s financial resources, such as income, assets and capital, and of the applicant’s family situation including an assessment of the resources of persons who are financially dependent on the applicant;

(h) where appropriate, a reasoned request for suspension of a time limit which would otherwise need to be observed until the date of notification of the order deciding on legal aid.

3. The application for legal aid must be supported by:

(a) evidence of the applicant’s need for assistance, such as certificates attesting his income, assets and capital and family situation; and

(b) where the application is lodged before the action has been brought, an indication of the evidence in support of the action.

4. In the event of an appeal, a new application shall be lodged.

5. Rule 8 shall not apply.

Case Law:

IPPT20241128, UPC CoA, Amycel
Appeal closed by a decision by default against appellant because of failure to pay regular fee (R. 357 RoP, R. 378 RoP, R. 378A RoP). The request to waive the additional fee ordered in the Order issued on 7 November 2024 denied; The Application for legal aid denied; The Appellant bears the costs of the appeal proceedings. The Application for legal aid is inadmissible. According to R.378A RoP, to be admissible, the application must contain a statement regarding the economic and financial situation of the applicant. The documents named in R.378A.1 (a) to (d) RoP shall be attached. The appellant has limited himself to declaring that he is a farmer from […] and that he cannot bear the costs of court fees without incurring financial hardship