BGH 7. Civil Senate: Dismissal of complaint against non-admission of revision without reasoned decision under § 544 (6) ZPO

The Federal Court of Justice dismissed the defendant’s complaint against the non-admission of revision, thereby upholding the judgment of the Oberlandesgericht Nürnberg of June 25, 2024, and ordering the defendant to bear the costs of the complaint proceedings; the court expressly omitted a reasoned decision, as one would not contribute to clarifying the prerequisites for admitting a revision under § 544 (6) sentence 2, second half-sentence of the Code of Civil Procedure (ZPO). The case concerned a civil dispute with a disputed value of €75,522.37, where the procedural focus was solely on the admissibility of the extraordinary appellate review rather than the substantive merits of the underlying claim. The decisive legal basis was the statutory provision governing the waiver of reasoning for non-admissible revisions, which allows the higher court to forego a detailed justification when such reasoning would not aid in the legal clarification of the admission requirements, resulting in the confirmation of the lower court’s procedural ruling that the revision did not meet the necessary legal significance or discrepancy thresholds for the Federal Court of Justice to hear the case.