Dispute over succession to deceased party's claim and mandatory procedural suspension under § 246(1) sentence 2 ZPO

The Federal Court of Justice ordered the suspension of proceedings pursuant to § 246(1) sentence 2 of the Code of Civil Procedure, effectively putting the case in abeyance pending resolution of a third-party opposition to inheritance. The dispute arose when the deceased primary plaintiff’s heir was identified as a specific individual who acted as a third-party defendant, while the opposing party contested this individual’s status as the sole heir, thereby challenging the succession of the procedural standing. The decisive legal basis was the procedural requirement to suspend a case when the identity of the party entitled to continue the litigation is disputed, specifically under § 246(1) sentence 2 ZPO, which mandates suspension upon an application to the court when a third party contests the transfer of the claim or its scope.