Timeliness of justification for complaint against non-admission of revision in civil proceedings

The BGH 7th Civil Senate dismissed the plaintiff's complaint against the non-admission of revision, leaving the partial judgment of the Kammergericht in force; the plaintiff therefore did not prevail in the appeal against the refusal to allow a further appeal to the Federal Court of Justice. The case involved a civil dispute where the plaintiff sought to challenge a partial judgment from the appellate level but failed to file the written justification for the non-admission complaint within the statutory deadline. The decisive legal basis for the dismissal was the procedural requirement that a complaint against the non-admission of revision must be justified in time, specifically referencing §§ 544(4) and 97(1) of the German Code of Civil Procedure (ZPO).