Admissibility of non-admission of revision complaint in civil proceedings under § 544 ZPO

The BGH 7th Civil Senate dismissed the plaintiff's complaint against the non-admission of revision, leaving the Lower Regional Court's procedural order in force; the plaintiff bears the costs of the appeal proceedings, and the disputed value was capped at €95,000. This procedural ruling addresses a civil dispute where the plaintiff challenged the 14th Civil Senate of the Lower Regional Court's decision not to allow an appeal to the Federal Court of Justice, effectively finalizing the lower court's disposition of the case without a substantive review on the merits. The decision relied on § 544(6) sentence 2, second half-sentence of the Code of Civil Procedure (ZPO), under which the court waived a written reasoning because it would not contribute to clarifying the conditions for admitting revision, and applied § 97(1) ZPO to assign the costs of the complaint proceedings to the unsuccessful applicant.