Waiver of reasons for dismissing complaint against non-admission of revision appeal under § 544 Abs. 6 ZPO

The Federal Court of Justice dismissed the defendant's complaint against the non-admission of an appeal to the revision court, leaving the judgment of the Oberlandesgericht Koblenz from March 4, 2021, in force, with the intervening party bearing the costs of the proceedings. The dispute concerned a civil matter with a subject matter value of €148,000, in which the defendant, acting through an intervening party, sought to challenge the lower court’s refusal to allow the appeal. The decisive legal basis was § 544 Abs. 6 Satz 2, 2. Halbsatz ZPO, under which the court waived the substantive reasoning for the dismissal because such an explanation was deemed unlikely to contribute to the clarification of the prerequisites under which a revision appeal is admitted.