Inadmissibility of constitutional complaint for failure to exhaust legal remedies by filing a motion for review of hearing errors

The Federal Constitutional Court refused to hear the constitutional complaint, rendering the decision final and favorable to the respondent, as the petition was deemed inadmissible for failing to exhaust the ordinary legal remedies under Section 90(2) sentence 1 of the Federal Constitutional Court Act. The dispute arose from a challenge to an alleged fundamental rights violation by a lower court judgment, where the complainant had omitted to file a specific motion for review of hearing errors (Anhörungsrüge). The decisive legal basis for the dismissal is the doctrine that such a motion must be raised in the ordinary courts if an objective assessment indicates it could have corrected the specific procedural flaw complained of, citing established case law (BVerfGE 134, 106) regarding the prerequisite of legal exhaustion.