Gegenvorstellung against BGH interim order: No admissible remedy against Senate decisions on legal aid requests

The German Federal Court of Justice (BGH), 8th Civil Senate, dismissed the defendant's interlocutory appeal (Gegenvorstellung) and denied their request for legal aid, confirming that the defendant's subsequent submissions would no longer receive separate consideration. The dispute concerned a procedural challenge where the defendant attempted to appeal a previous Senate order dated August 13, 2024, through filings labeled as both a "complaint" and an "objection." The court held that such filings are legally interpreted as a Gegenvorstellung because a special leave to appeal (sofortige Beschwerde) is only available against first-instance decisions, not against the BGH's own interim orders. Relying on § 567 Abs. 1 ZPO in conjunction with § 127 Abs. 2 Satz 1 ZPO, the Senate found no grounds to amend its prior decision or grant the requested process costs aid, thereby leaving the previous procedural ruling in force.