Question juridique clé
Whether the refusal of legal aid for lack of prospects was justified
Solution extraite
The legal questions about timeliness, transitional law, and the possible treatment of the filing as a negative declaratory action were sufficiently arguable that the claim could not be deemed hopeless on summary review.
Motifs extraits
The court found the transitional-law questions on lis pendens under Art. 404 ZPO and the applicability of Art. 63 ZPO unresolved and debated in doctrine; the alternative reliance on Art. 85a SchKG also remained possible at least for the debt claim.