Kernrechtsfrage
Whether the rubric of the appellate decision could be corrected for an obvious clerical error under § 166 GVG.
Extrahierter Entscheid
Yes. The misdesignation of the presiding judge was an obvious slip and was corrected by the clerk with the president’s consent and notice to the parties.
Extrahierte Begründung
The written version of the decision named Oberrichter X. by mistake, although Oberrichter Y. had presided at the hearing and participated in the decision. This was an evident inadvertence, so correction was permissible under § 166 GVG.