Question juridique clé
Whether a liquidated public limited company can obtain free legal aid and official counsel in a VAT tax appeal
Solution extraite
No. Free legal aid under Art. 65(1) VwVG and Art. 152(1) OG is generally reserved to natural persons and cannot be claimed by legal entities in an ordinary tax dispute.
Motifs extraits
The purpose of free legal aid is to protect indigent natural persons from being prevented by cost advances from asserting their rights. That rationale does not extend to legal persons, which are not considered indigent in the same sense; if insolvent or overindebted, they must seek bankruptcy. A narrow exception for a company needing litigation to preserve its only asset was not applicable here because the case concerned tax liability, not preservation of an asset.