Non-admission of revision: Irrelevance of contradictory appellate procedural instructions to the final judgment

The Federal Court of Justice (BGH) dismissed the defendant's complaint against the non-admission of appeal to the revision court, leaving the Munich Higher Regional Court's decision in force and ordering the defendant to bear the costs of the complaint proceedings. The dispute concerned a civil matter with a value in dispute of 1,050,000 EUR, where the defendant challenged the procedural decision by the second instance not to allow a further appeal based on alleged errors in the lower court's general procedural instructions. Although the BGH acknowledged that specific parts of the appellate court's general procedural notes regarding the scope of the appeal were inconsistent with established BGH case law, it held that the final decision under review did not rest on those erroneous statements, thereby finding no grounds for granting leave to appeal due to lack of fundamental legal significance or need for legal unification.