Non-admission of revision: waiver of written justification and cost allocation in auxiliary intervention proceedings under §§ 544, 97, 101 ZPO

The Federal Court of Justice dismissed the defendant's complaint against the non-admission of revision, thereby upholding the lower court's final judgment in favor of the plaintiff and ordering the defendant to bear the costs of the complaint proceedings, including those incurred through the plaintiff's auxiliary intervention. The dispute, valued at €62,679.88, arose from a civil litigation where the defendant sought to challenge the Oberlandesgericht Koblenz's decision not to admit the appeal to the higher instance. The court declined to provide a written justification for the dismissal pursuant to § 544 Abs. 6 Satz 2, 2. Halbsatz ZPO, determining that a reasoning would not contribute to clarifying the prerequisites under which revision is to be admitted, thereby leaving the appellate decision intact.