Dismissal of non-admission of legal appeal in civil proceedings for lack of legal significance

The Federal Court of Justice (BGH) 7th Civil Senate dismissed the plaintiff's complaint, rejecting their challenge to the non-admission of a legal appeal by the 29th Civil Senate of the Higher Regional Court of Frankfurt am Main, thereby upholding the lower court's judgment and leaving the costs of the complaint procedure to the plaintiff. The dispute involved a civil case where the plaintiffs sought to have their appeal to the BGH admitted on grounds of legal significance, a request denied by the appellate court based on the conclusion that the case did not present an unanswered question of fundamental importance or a divergence from prior case law. Relying on § 544(6) sentence 2, second half-sentence of the Code of Civil Procedure (ZPO), the BGH declined to provide a detailed written justification for its dismissal, determining that such an explanation would not contribute to clarifying the requirements for admitting a legal appeal, and applied § 97(1) ZPO for the cost allocation, with the amount in dispute capped at €45,000.