Inadmissibility of legal appeal in interim injunction proceedings and futility of counsel appointment

The Federal Court of Justice dismissed the applicant’s appeal (classified as a Rechtsbeschwerde) as inadmissible, upholding the Landgericht Trier’s order and ruling in favor of the respondent, while simultaneously denying the applicant’s request for appointed counsel due to the futility of the proceedings. The dispute arose in the context of interlocutory injunction proceedings (einstweilige Verfügung), where the applicant challenged a lower court decision via an appeal mischaracterized or improperly styled as a legal appeal. The decisive legal basis is the procedural rule that a Rechtsbeschwerde is not admissible in interim relief proceedings, rendering the appeal legally void; consequently, the court invoked § 78b Abs. 1 ZPO to reject the appointment of a lawyer for the hopeless pursuit of this non-statutory remedy.