Forfeiture of revision due to withdrawal and allocation of costs in civil dispute

The German Federal Court of Civil Procedure (BGH) ordered the plaintiff to forfeit their appeal and bore the costs of the third instance, thereby leaving the decision of the Oberlandesgericht Naumburg in force and effectively resulting in a victory for the defendant. The dispute arose from a civil lawsuit where the plaintiff filed a revision against a lower court judgment, but subsequently withdrew this appeal before the BGH rendered a substantive decision on the merits. The court’s operative order was based solely on the plaintiff's voluntary withdrawal of the revision, applying procedural rules that deem a withdrawn legal remedy as lost and assign the associated litigation costs to the withdrawing party.