In Liechtenstein to date legal aid was reserved for natural persons. As a consequence legal entities without sufficient funds did not have the chance to pursue their legal claims at court. Furthermore, before a legal entity could instigate a lawsuit it had to provide a security deposit for the respondent’s and the court’s costs and fees.
On the occasion of representing an impecunious legal entity Batliner Gasser argued that the respective provision of the Civil Procedure Act is violating the Constitutional Right of access the courts. The Constitutional Court consented to our arguments and granted relief by lifting the respective provision on legal aid and security for costs.
The removal of the respective provision has already been announced in the Liechtenstein Law Gazette and will be valid as of December 2015. It is expected that the Liechtenstein Government will propose a legal solution in compliance with the Constitution for the time after December 2015.