Dismissal of complaint against non-admission of revision where explanation not suitable to clarify requirements under § 544 Abs. 6 ZPO

The Federal Court of Civil Procedure (BGH) dismissed the defendant’s complaint against the non-admission of revision, thereby confirming the judgment of the Schleswig-Holstein Higher Regional Court of 1 February 2023 as final and ordering the defendant to bear the costs of the appellate proceedings. The dispute concerned a civil matter with a value in dispute up to €90,000, where the defendant challenged the lower court’s refusal to permit an appeal to the BGH on grounds of a significant question of law. The decisive legal basis was Section 544(6) Sentence 2 Second Half of the Code of Civil Procedure (ZPO), under which the court declined to provide a reasoned decision because it was not suitable to contribute to clarifying the requirements for the admission of revision, in conjunction with Section 97(1) ZPO regarding cost liability.