Non-admission of revision for lack of clarifying potential under § 544(6) ZPO

The Federal Court of Justice (BGH) dismissed the defendant's complaint for non-admission of revision and declined to provide a detailed reasoning, ordering the defendant to bear the costs of the proceedings with a dispute value of €275,931.07, thereby leaving the judgment of the Düsseldorf Higher Regional Court from August 24, 2021, in force. The case involved a civil dispute where the defendant challenged the trial court's refusal to allow an appeal to the Federal Court of Justice, arguing that the lower court's decision failed to meet the statutory requirements for admitting revision on grounds of procedural error or legal significance. The decisive legal basis was § 544(6) sentence 2, second half-sentence of the German Code of Civil Procedure (ZPO), which permits a court to omit a written explanation for a non-admission decision if such reasoning would not contribute to clarifying the prerequisites for admitting a revision.