Key legal question
Whether the debt enforcement initiated by E. AG was an abuse of rights and had to be lifted and deleted from the register.
Extracted holding
The complaint was dismissed. Abusive enforcement is exceptional; here the alleged debt was disputed but plausibly based on contractual relationships and could be enforced to interrupt limitation.
Extracted reasoning
A creditor may start debt enforcement without proving the claim’s existence or amount, and even a non-existent debt can lead to a payment order. Supervisory authorities may not review the substantive merits. Good faith limits enforcement only in rare cases, especially where proceedings pursue purposes unrelated to enforcement, such as pure harassment or credit injury. The creditor credibly alleged contractual claims, so bringing the claim to enforcement before a civil action was not abusive.