Kernrechtsfrage
Whether the principal request for additional moral damages could be examined by the Federal Supreme Court despite never having been decided on the merits below
Extrahierter Entscheid
No. The Federal Supreme Court could only review the prior ruling on admissibility; it could not award additional moral damages as a first instance.
Extrahierte Begründung
The lower court had declared the moral-damages claims late and therefore inadmissible. The Federal Supreme Court cannot decide substantively on claims never examined on the merits by the previous instance.