Interim legal protection not for low amount in dispute

If only a very small amount in dispute is at issue in proceedings for interim relief, there is no need for legal protection.

The Münster Fiscal Court has ruled that there is no need for legal protection for interim legal protection proceedings in which the unconstitutionality of a late payment surcharge of EUR 4.50 is asserted. An interest that is generally considered to be so minor that it does not justify the use of the strong legal protection mechanisms is not worthy of protection. The law does not provide for a general de minimis threshold for lodging an appeal. However, the court believes that falling below the de minimis limits of the Small Claims Ordinance is an indication of whether a need for legal protection should be recognized as worthy of protection according to general opinion. In addition, the costs of the proceedings, which in the case in dispute exceed the amount in dispute many times over, must also be taken into account.