Kernrechtsfrage
Whether a procedural order imposing a procedural fine is separately challengeable by nullity complaint under § 265 Abs. 2 ZPO.
Extrahierter Entscheid
Yes. A procedural fine is a procedural management measure with independent significance, unrelated to the merits of the main case, and therefore must be challengeable by nullity complaint if otherwise a non-reparable prejudice would arise.
Extrahierte Begründung
The fine serves to secure the orderly conduct of proceedings and is a process-management order. Because its effect is independent of the substantive outcome of the main proceedings, it cannot be left without an effective remedy once finality attaches and a non-reparable prejudice would result.