Questão jurídica principal
Whether the applicant's Rechtsbeschwerde was admissible despite the OLG's silence on leave to appeal.
Decisão extraída
No. The silence of the Oberlandesgericht on leave to appeal counts as a refusal of leave, and that refusal is not challengeable.
Fundamentação extraída
Under § 29(1) EGGVG the decision is not appealable. The OLG had to examine leave of office under § 29(2) EGGVG; if it does not grant leave expressly, the silence is treated as non-admission. That non-admission is itself not subject to review.