Questão jurídica principal
Whether retroactive legal aid counsel fees could be ordered from the Federal Supreme Court treasury after the awarded party compensation was set off.
Decisão extraída
Yes. Where the awarded party compensation cannot be used to pay counsel, including because it has been set off against other claims, counsel remains entitled to payment from the court treasury.
Fundamentação extraída
The court held that Art. 64(2) BGG covers not only unenforceability but also set-off against the assisted party's debts, because in both situations counsel has not actually been paid. Since the fee had already been fixed in the main proceedings, counsel could claim its payment.