(1) Appeals on points of law to the Federal Court of Justice from decrees issued by the higher regional courts shall be admissible if the higher regional court grants leave to appeal on points of law. Section 202 sentence 3 of the German Social Courts Act shall apply to all decisions of a higher social court [Landessozialgericht] in disputes regarding voluntary associations of health insurance funds under Section 172a of the German Social Code, Book V.
(2) Leave to appeal on points of law shall be granted if
1. a legal issue of fundamental importance is to be decided, or
2. a decision by the Federal Court of Justice is necessary to develop the law or to ensure uniform case law.
(3) The decision of the higher regional court shall state whether leave to appeal on points of law is granted or not. If leave to appeal is refused, the reasons shall be given.
(4) No leave to appeal on points of law against a decision of an appellate court shall be required if the appeal is based on, and objects to, one of the following procedural defects:
1. if the court that rendered the decision was not duly constituted,
2. if a judge participating in the decision was excluded by law from exercising judicial functions or was successfully challenged on grounds of prejudice,
3. if a party was denied its right to be heard,
4. if a party to the proceedings was not represented according to the provisions of the law, unless such party consented explicitly or implicitly to the conduct of the proceedings,
5. if the decision was made on the basis of a hearing at which the provisions regarding the admission of the public to the proceedings were violated, or
6. if the decision does not contain a statement of reasons.