Admission of revision for tort damages claims and exclusion of delay in acceptance due to continued demand for tort interest

The Federal Court of Justice (BGH) admitted the plaintiff's non-acceptance complaint (Nichtzulassungsbeschwerde) for review, overturning the Brandenburg Higher Regional Court's dismissal of the plaintiff's appellate claims numbers 1 and 4, thereby allowing the plaintiff to proceed to a revision hearing on these specific points; simultaneously, the complaint was dismissed as inadmissible regarding claim number 3 (establishment of delay in acceptance) because the lower court's decision was independently based on the plaintiff's failure to offer the vehicle in a manner that would trigger default liability, an aspect the plaintiff did not challenge in its complaint. The dispute arose from a motor vehicle accident, involving claims for damages and tort interest, where the material issue was whether the plaintiff’s continued demand for tort interest precluded a finding of delay in acceptance by the defendant. The procedural outcome was governed by § 544 Abs. 6 Satz 2 ZPO, which permitted the BGH to waive a written reasoning for the admitted portion, and § 552 Abs. 1 Satz 2 ZPO, which mandated the rejection of the unchallenged portion as inadmissible.