Non-admission of revision: Omission of reasoning in complaint against non-admission

The Federal Court of Justice (BGH) 7th Civil Senate dismissed the defendant’s complaint against the non-admission of the appeal on points of law, thereby leaving the decision of the Munich Higher Regional Court (dated August 16, 2022) in force; the defendant bore the costs of the proceedings, and the amount in dispute was set at €143,041.61. The dispute concerned a civil matter where the defendant sought to challenge the lower court’s refusal to permit revision, but the court declined to provide a detailed written justification, citing that an explanation would not contribute to clarifying the conditions for admitting an appeal under the relevant procedural framework. The decisive legal basis was Section 544(6) Sentence 2, second half-sentence of the German Code of Civil Procedure (ZPO), which permits the omission of a detailed reasoning in non-admission decisions, along with Section 97(1) ZPO for the allocation of costs.