Admissibility of Anhörungsrüge limited to new violations of right to be heard

The BGH 1. Zivilsenat dismissed the applicant’s hearing complaint (Anhörungsrüge) against a Senate decision dated April 12, 2015, thereby leaving the prior decision in force. The dispute involved a procedural challenge where the applicant alleged a violation of the right to be heard by the appellate court. The court held that the complaint was unfounded because an Anhörungsrüge is strictly limited to new and independent violations of the right to be heard under Article 103(1) of the German Basic Law, and the applicant’s intended non-acceptance complaint (Nichtzulassungsbeschwerde) was not admissible. No specific material facts regarding the underlying substantive subject matter were detailed, as the ruling focused exclusively on the procedural admissibility and standard of the hearing complaint.