Hearing objection against procedural order: admissible violations limited to right to be heard under § 321a ZPO

The Federal Court of Justice (BGH) dismissed the hearing objection filed by the plaintiffs against a prior Senate order, ruling that their right to be heard was not violated in a manner decisive to the outcome. The dispute concerned a procedural challenge within a civil matter where the plaintiffs alleged that specific submissions had been ignored by the court; the BGH determined that the alleged ignored arguments had in fact been considered and that no other admissible legal violations were sufficiently presented. The decision rested on the doctrine that the hearing objection under § 321a Civil Procedure Code (ZPO) is strictly limited to violations of the right to be heard, thereby rejecting claims of other types of legal error and dispensing with a detailed justification pursuant to § 544 para. 6 sentence 2 second alternative ZPO applied by analogy.