Inadmissibility of Rechtsbeschwerde in interlocutory injunction proceedings and denial of legal aid for hopeless appeals

The Federal Court of Justice (BGH) dismissed the applicant’s complaint and denied the request for court-appointed legal representation, allocating costs to the applicant. The dispute arose in a preliminary injunction proceeding, where the applicant challenged a prior decision by the Trier Regional Court's civil chamber, interpreting the complaint as a "Rechtsbeschwerde." The court held that an appeal is not admissible in preliminary injunction procedures under German procedural law and rejected the application for legal aid because the intended legal action was deemed hopeless. The decision is based on § 78b(1) of the Code of Civil Procedure (ZPO) regarding the assessment of prospects of success for legal aid, and the procedural principle that no further written submissions will be accepted in this matter.