Kernrechtsfrage
Whether the CHF 2,000 costs indemnity should be paid by the Federal Court fund under Art. 152(2) OJ
Extrahierter Entscheid
The request could not be granted because, although A. had requested legal aid in time and the conditions of legal aid were met, she did not sufficiently make plausible that the costs were irrecoverable from B.
Extrahierte Begründung
Art. 152(2) OJ requires an earlier request for legal aid, indigence and prospects of success, and also that recovery of costs be shown as impossible or very unlikely. A mere lawyer's letter from the debtor is insufficient; supporting evidence such as a debt-enforcement office certificate is needed.