Correction of clerical error in operative part and waiver of reasoning for dismissal of revision complaint

The German Federal Court of Civil Procedure (BGH) dismissed the defendant's complaint against the non-allowance of revision, thereby leaving the appellate judgment in force, while simultaneously ordering a clerical correction to the amount owed from €244,233.56 to €233,233.56 (specifically, €243,233.56) in the operative part of the decision. The dispute concerned a civil matter where the defendant sought to challenge the Berlin Kammergericht’s judgment from September 9, 2022, but the application was rejected without further substantive reasoning as it was deemed unlikely to contribute to the clarification of revision prerequisites. The court relied on § 319 Abs. 1 ZPO to treat the erroneous figure as a manifest error subject to correction at any time, and applied § 544 Abs. 6 Satz 2 ZPO to waive a detailed justification for the dismissal of the complaint. Costs of the complaint proceedings were awarded against the losing defendant pursuant to § 97 Abs. 1 ZPO, with the value in dispute capped at €320,000.