Waiver of grounds for dismissing complaint against non-admission of revision in civil third-party intervention proceedings

The German Federal Court of Justice (BGH) dismissed the third-party counter-defendant’s complaint against the non-admission of appeal to the BGH, leaving the Oberlandesgericht München decision of February 4, 2021, in force; the complainant was ordered to bear the costs of the proceedings, with a subject matter in dispute valued at €900,000. The dispute concerned a civil procedure matter where the appellant challenged the lower appellate court’s refusal to permit revision, specifically alleging defects in the non-admission decision. The court applied § 544 (6) sentence 2, second half-sentence of the Code of Civil Procedure (ZPO) to waive a detailed written justification, finding it unnecessary for clarifying the conditions for admitting a revision, and applied § 97 (1) ZPO for cost allocation.