Facts
The A. GmbH in liquidation (company, plaintiff, appellant) was declared dissolved ex officio as of December 1, 2014, as it had not complied with the deadline set for the restoration of the legal status regarding its domicile. The company sued the landlord C. for damages for the improper storage and non-return of its items and applied for legal aid.
The High Court of the Canton of Solothurn dismissed the company's request for legal aid. The company then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court holds that legal entities generally have no claim to legal aid. An exception could only apply if the only asset of the legal entity is the matter in dispute and the economically involved parties are also destitute.
In the present case, the appellant is in liquidation, as it no longer has a legal…