If there are no specific provisions on proceedings before the court of second instance, the provisions on proceedings before the court of first instance shall apply accordingly. If the appeal is withdrawn, the court of second instance discontinues the appeal proceedings and rules on the costs as in the case of withdrawal of the lawsuit.
If the appeal is withdrawn before the court of first instance, the proceedings are discontinued by the court of first instance.
There are no grounds in the provisions governing appeal proceedings to assume that the Court of second instance has the power to change the factual findings constituting the basis for issuing the judgment of the Court of first instance without conducting further evidentiary proceedings justifying different, independent findings (III CKN 334/97).