(1) The refusal to grant leave to appeal on points of law may be challenged by the parties participating in the appeal proceedings by way of an appeal against refusal to grant leave to appeal.
(2) The decision on the appeal against refusal to grant leave to appeal shall be made by the Federal Court of Justice by decree which shall contain a statement of reasons. The decree may be issued without a hearing.
(3) The appeal against refusal to grant leave to appeal shall be filed in writing with the higher regional court within one month. The time period shall begin upon service of the decision being appealed.
(4) The appeal against refusal to grant leave to appeal shall include a statement of reasons to be filed within two months from the service of the decision issued by the appellate court. The time limit may, upon application, be extended by the presiding judge. The statement of reasons for the appeal against refusal to grant leave to appeal shall outline the reasons for the appeal set out in Section 77(2).
(5) The appeal against the refusal to grant leave to appeal and the statement of reasons for the appeal must be signed by a lawyer admitted to practise before a German court; this shall not apply to appeals against refusal to grant leave to appeal filed by the competition authorities.
(6) If leave to appeal on points of law is refused, the decision of the higher regional court shall become final upon service of the decree issued by the Federal Court of Justice. If leave to appeal on points of law is granted, the proceedings shall be continued as appeal proceedings on points of law. In this case, the filing in due form and time of the appeal against refusal to grant leave to appeal shall be deemed to be the filing of the appeal on points of law. The time limit for providing a statement of reasons for the appeal on points of law will shall begin upon service of the decision.