Inadmissibility of Sprungrechtsbeschwerde against interlocutory order under § 574(1) ZPO

The Federal Court of Justice (BGH) dismissed the plaintiff's jump appeal (Sprungrechtsbeschwerde) as inadmissible, leaving the lower court’s order in force and assigning costs to the plaintiff. The dispute concerned a preliminary ruling (Beschluss) issued by the local court in a civil matter, which the plaintiff directly challenged at the highest instance without seeking a standard appeal. The court held that under Section 574(1) Sentence 1 of the Code of Civil Procedure, an appeal by way of complaint (Rechtsbeschwerde) against an interlocutory order is only permissible if explicitly provided for by statute or expressly admitted by the relevant lower court, neither of which applied here; consequently, no other legal remedy exists against the interlocutory decision, and any further challenge is limited to the final judgment of the local court.