Kernrechtsfrage
Whether the claim could be treated as withdrawn although no express withdrawal was stated
Extrahierter Entscheid
Yes. A withdrawal must be clear, but it need not be expressly declared; the appellant's request for dismissal based on lack of standing amounted in substance to a withdrawal.
Extrahierte Begründung
By admitting it had sued the wrong party, the appellant effectively abandoned the claim. Procedural economy favored discontinuance instead of forcing a formal dismissal hearing.