Facts
In the context of divorce proceedings before the Cantonal Court of Schaffhausen, X. filed a request for legal aid and assignment of a legal representative. The Cantonal Court dismissed the request due to the lack of financial need of X. X. appealed against this decision to the High Court of the Canton of Schaffhausen and also requested legal aid and assignment of a legal representative for the appeal proceedings. The High Court dismissed the appeal against the decision of the Cantonal Court and ordered X. to pay the costs of the appeal proceedings of CHF 500.-.
X. then filed a civil law appeal against the High Court's decision with the Federal Supreme Court. He claimed a violation of Art. 119 para. 6 CPC, according to which the proceedings for legal aid are free of charge.
Considerations
The Federal Supreme Court had to clarify in this decision whether the gratuitousness stipulated in Art. 119 para. 6 CPC also applies to the appeal proceedings against a dismissive or withdrawing decision on legal aid.
According to the Federal Supreme Court, Art. 119 para. 6 CPC only concerns the request proceedings and not the appeal proceedings…