Discretionary omission of justification for dismissed complaint against non-allowance of revision in high-value civil dispute

The Federal Court of Civil Procedure (BGH) dismissed the defendant's complaint against the non-allowance of leave to appeal a judgment rendered by the 12th Civil Senate of the Stuttgart Higher Regional Court, thereby upholding the lower court’s decision in favor of the plaintiff and ordering the defendant to bear the procedural costs, including those arising from the intervenor on the plaintiff’s side. The dispute, valued at €1,500,000, involved a civil matter where the defendant sought to challenge the appellate court's refusal to permit a revision (appeal) to the BGH. The court denied the complaint without providing a substantive written justification, applying the doctrine that a reason is unnecessary if it would not contribute to clarifying the conditions under which a revision is admissible under § 544(6) sentence 2, second half, of the German Code of Civil Procedure (ZPO).