Final outcome of revision in labor dispute: rejection of employer's appeal and allocation of litigation costs

The Federal Labour Court (BAG) 3rd Senate rejected the defendant's revision, thereby upholding the Landesarbeitsgericht Köln's judgment of February 12, 2009, and ordering the defendant to bear the costs of the revision proceedings. The dispute concerned a labor law matter where the employee prevailed in the lower instances, resulting in a final ruling against the employer. The court's decision was based on the application of substantive and procedural norms governing the employment relationship and the standards for reviewing appellate judgments under the German Code of Civil Procedure.