"Nothing [..] enabled the Applicant to foresee the Appellate Court's reasoning,"
And that is supposed to be a problem how exactly ?
I wonder if there is anything in the German judiciary system that would allow it to tell ICANN to just shut up and go away. If not, this ridiculous charade is going to be the new SCO, and I'm not amused by the thought of spending years reading about ICANN's latest failure.