Questão jurídica principal
When is a claim amendment admissible under § 144(1) ZPO?
Decisão extraída
A claim amendment is admissible only until the end of the taking of evidence and only if it is based on the same cause of action.
Fundamentação extraída
The court defines the taking of evidence as ending only immediately before the parties' submissions at the main hearing. The same cause of action means the underlying life event, understood broadly as the totality of facts from which the claim is derived; there is no reason to make claim amendment unnecessarily difficult.