Admission of revision on delictual liability for defective vehicle in sale

The Federal Court of Justice partially granted the plaintiff's complaint for non-admission, ordering that the revision against the Munich Higher Regional Court's judgment of February 9, 2023, is admitted solely with respect to the rejection of the plaintiff's claims for delictual damages arising from the circulation of the acquired vehicle, thereby leaving the remainder of the appeal unsuccessful and imposing the costs of the unsuccessful portion on the plaintiff. The dispute concerned a non-admission complaint challenging the appellate court's refusal to hear an appeal regarding both contractual and tort-based liability for a defective vehicle. The decisive legal basis is § 544 Abs. 6 Satz 2 Halbsatz 2 ZPO, which allowed the court to dispense with providing a written reasoning for the partial admission, while cost allocation for the unsuccessful part was governed by § 97 Abs. 1 ZPO.