GRUR Prax 21/2020(28. Oktober 2020) - BGH 9.7.2020 - I ZB 79/19 Erstattung von Zwangsvollstreckungskosten bei Begutachtung

 ZPO §§ 104, 788 para. 1 sentence 1, § 890 para. 2, §§ 892, 928, 936

a) A temporary injunction with which the debtor of an inspection claim is relinquished within the framework of independent evidence proceedings, to tolerate inspection by an expert and interventions in the substance of the object under investigation and also to grant the expert and other persons access to his business premises its main focus is a toleration order, which is to be enforced according to § 890 ZPO.

b) The costs of bringing a bailiff to the appraisal date are regularly necessary costs of foreclosure (Section 788, Paragraph 1, Clause 1, Clause 1 ZPO) of such a toleration order.

c) Costs that arise through the participation of legal representatives of the obligee on the assessment date are not costs of the enforcement of such a toleration order. They are to be asserted as costs of the evidence procedure by way of a substantive claim for reimbursement of costs or as part of the reimbursement of costs for the subsequent main proceedings.

BGH, decision of July 9, 2020 - I ZB 79/19 - LG Lübeck

                                                                            AG Ahrensburg

https://tinyurl.com/1jovy7za