Inadmissibility of secondary hearing complaint under § 44 Abs. 4 Satz 3 FamFG and rejection of rubrum correction

The Federal Court of Justice (BGH) 4th Civil Senate dismissed the appellant’s hearing complaint as inadmissible and rejected his applications for clerical correction, thereby upholding the prior Senate decision from April 2023 against the appellant. The dispute arose from a legal remedy procedure where the appellant attempted to challenge the initial ruling via a secondary hearing complaint and sought amendments to the judgment’s rubrum. The court held that a hearing complaint against a decision already ruling on a previous hearing complaint is statutorily impermissible under § 44 Abs. 4 Satz 3 FamFG, and no error existed in the rubrum to warrant correction under § 42 Abs. 1 FamFG; additionally, referral to the Federal Service Court was deemed moot due to the finality of the proceedings and the court’s lack of jurisdiction. The appellant bore the costs, and the court noted that subsequent similarly filed submissions would no longer be individually addressed.