Gegenvorstellung against appellate cost orders in a third-party claim proceeding is inadmissible due to lack of admissible ordinary legal remedy

The Federal Court of Justice dismissed as inadmissible the opponent’s further representation against the Hamburg Higher Regional Court’s five rulings of December 20, 2022, and January 12, 2023, ordering the costs to be borne by the third-party defendant. The dispute concerned an objection to the lower court’s procedural decisions in a third-party claim proceeding, where the appellant challenged the admissibility and outcome of the appeals. The court held that a further representation is not a valid remedy against an appellate court’s decisions and that no ordinary legal remedy was available because either the appeal was not admitted under Section 574(1) sentence 1 No. 2 of the Code of Civil Procedure or the decisions were not subject to further review under Section 321a(4) sentence 4 of the Code of Civil Procedure.