Withdrawal of non-admission complaint against interlocutory civil judgment and cost allocation

The Federal Court of Justice (BGH) issued a procedural order declaring the plaintiff's appeal on points of law against the Dresden Higher Regional Court's judgment of March 25, 2024, lost for costs due to the plaintiff's voluntary withdrawal of the complaint, thereby leaving the lower court's decision in force; the plaintiff was ordered to bear the costs of the non-admission complaint and any ancillary interventions. The dispute, valued at up to €65,000, concerned civil litigation where the specific subject matter was not detailed in this procedural ruling. The decisive legal basis for the outcome was §§ 555 and 516 Abs. 3, in conjunction with § 101 ZPO, which govern the legal consequences of withdrawing a non-admission complaint in civil proceedings.