Generally an appeal can be abandoned as long as the appeals procedure has not been completed. This is why an action of nullity can be abandoned at the appeal stage without agreement of the defendant. In case an intervener (§ 69 ZPO) is participating in the process along with the principal party, an abandonment by the principal party does not require the agreement of the intervener.

In the event a pleading contains an abandonment of the action only by the virtue of its wording, this abandonment of the action is immediately effective. Further, such an action is also effective, if it is based on an ambiguous wording and the nullity complainant does not actually abandon the action but only the appeal.

Although the real willingness has to be investigated, it has to arise from the wording or other circumstances. A revocation or appeal against an effective abandonment of action is generally impossible since this procedural step is inapplicable to legal actions.