Inadmissibility of Rechtsbeschwerde for lack of statutory opening, non-admission by lower court, and failure to use authorized counsel

The Bundesgerichtshof dismissed the applicant’s appeal for abuse of law (Rechtsbeschwerde) as inadmissible, ordering the applicant to bear the costs, thereby upholding the prior decision of the Hanseatic Higher Regional Court. The dispute involved a challenge to a lower court order where the appellate court had not explicitly admitted the remedy of Rechtsbeschwerde under § 574 Abs. 1 Satz 1 ZPO, and the applicant had failed to file the appeal through a lawyer admitted to practice before the Federal Court of Justice as mandated by § 78 Abs. 1 ZPO. The decisive legal grounds for the dismissal were the statutory inadmissibility of the remedy due to its unavailability and lack of permission by the lower instance, compounded by the violation of the mandatory representation requirement for filings before the Bundesgerichtshof.