Special representative
A special representative according to § 72 SGG is appointed in social court proceedings if a party is not capable of litigation within the meaning of § 71 SGG and no legal representative yet exists. A special representative can also be appointed if the court is too far from the participant's place of residence. He roughly corresponds to the litigator in civil procedure law.
In the absence of regulations in the SGG, the regulations of the representative in the administrative procedure according to § 15 SGB X are to be used for the special representative . The special representative must act in the interests of the party incapable of litigation. In particular, he may not arbitrarily reject an appeal lodged by the party involved if the appeal is likely to be successful. If the court follows the will of the special representative alone in such a case, there is a procedural violation.
Individual evidence
- ↑ BSG, November 14, 2013, AZ B 9 SB 84/12 B