Seizability of the Corona Special Payment for Civil Servants in Schleswig-Holstein – Decision of the Lübeck Regional Court
In its decision of December 9, 2022 (Ref.: 7 T 365/22), the Lübeck Regional Court clarified that the Corona special payment granted to civil servants in Schleswig-Holstein is generally subject to attachment by creditors. The ruling brings important aspects of enforcement law into focus and highlights the distinction between seizable income and unseizable benefits under the German Code of Civil Procedure (ZPO).
Background: Introduction of the Corona Special Payment
To mitigate burdens arising from the COVID-19 pandemic, the State of Schleswig-Holstein granted a one-time special payment of up to 1,300 euros for civil servants. This benefit was intended to partially compensate for additional pandemic-related requirements and increased workload. The payment was made in alignment with comparable regulations for employees in both the private and public sector.
Disputed Issue: Seizability of the Special Payment
At the center of the dispute was whether this government special payment constituted employment income within the meaning of § 850 et seq. ZPO and was therefore subject to attachment. The affected individual argued that it was a purpose-bound social benefit, which—similar to social benefits or compensation for additional expenses—enjoyed the protection of § 850a ZPO. Opposing this, it was argued that the payment was closely tied to the provision of services and should therefore be treated like regular service remuneration as seizable employment income.
Legal Assessment by the Lübeck Regional Court
Classification as Seizable Employment Income
The court ultimately followed the view that the Corona special payment was not an unseizable social benefit, but rather an additional remuneration for work performed. The one-time payment was granted within the framework of the public-law service relationship as part of the overall compensation and was—according to the court—to be treated according to the same principles as ongoing benefits, which are subject to enforcement under the general attachment rules of the ZPO.
No Purpose-Binding to Prevent Pandemic-Related Hardship
According to the court’s reasoning, the Corona special payment was granted in response to pandemic-related burdens, but an explicit purpose limitation within the meaning of § 850a No. 1 or No. 3 ZPO could not be established. In particular, there was no specific regulation stating that the benefit was exclusively intended to cover special pandemic costs; rather, it was granted as a lump sum without individual case assessment. The federal legislature has likewise subjected comparable payments to employees to the attachment provision of § 850 ZPO.
Comparison to Other Special Payments
The court compared this to traditional special payments, such as Christmas bonuses or wage supplements, which are generally seizable unless compliance with a specific purpose is legally required. In this respect as well, it was clear that the Corona special payment, by its legal structure, cannot claim an exemption.
Impacts of the Decision
Consequences for Civil Servants with Enforcement Orders
The clarification by the regional court has direct consequences for civil servants subject to attachment. The retained or seizable Corona special payment increases the financial burden on those affected, as it is not considered a protected benefit. Thus, creditors are able to seize this portion of income within existing enforcement proceedings.
Implications for Future Special Payments
The decision serves as a guiding precedent beyond the individual case. Unless a specific purpose or explicit legal protection is stipulated, one-time special payments to public servants will generally be considered seizable income. For the design of future measures, legislators and employers may consider a more precise definition of the scope if special protection is deemed necessary.
Conclusion and Outlook
The decision clearly shows that the differentiation between unseizable social benefits and seizable income in enforcement law requires a careful case-by-case assessment. According to the current case law of the Lübeck Regional Court, the Corona special payment to civil servants in Schleswig-Holstein is subject to access by creditors.
Affected parties may face further legal questions regarding the interpretation of the provisions on protection from attachment and their application to comparable special payments. If you have any uncertainties or specific queries on this subject, affected individuals or interested parties can confidently contact the lawyers at MTR Legal Rechtsanwalt.
