Objection to non-admission of revision: waiver of reasoning under § 544(6) sentence 2, second half-sentence ZPO

The Federal Court of Justice (BGH) dismissed the defendant's complaint against the non-admission of revision, thereby upholding the judgment of the Cologne Higher Regional Court and leaving the first-instance outcome in force, with the defendant ordered to bear the costs of the proceedings. The dispute concerned a civil matter where the defendant sought to challenge the lower court's decision on the basis that the appeal had not been properly admitted, resulting in a procedural review of the non-admission decision rather than a substantive merits review. The decisive legal basis for the dismissal was § 544 Abs. 6 Satz 2, 2. Halbsatz ZPO, under which the court waived providing a detailed reasoning as it was deemed unnecessary for clarifying the conditions for admitting a revision, along with § 97 Abs. 1 ZPO for cost allocation.