Entitlement to highest age level (Lebensaltersstufe) under BAT Pay Group V b for public sector employees

The Federal Labor Court partially reversed the appellate judgment and dismissed the employee's appeal as inadmissible to the extent it sought a declaratory judgment that the employer was obligated to pay basic compensation under Pay Group V b of the BAT for the period from May 1, 2008, to December 31, 2009, at the highest age level of that group. The plaintiff bears the costs of both the appeal and the revision proceedings. The dispute concerned a public-sector employment relationship where the employee challenged the calculation of his basic salary, specifically alleging entitlement to the highest pensionable service level (Lebensaltersstufe) rather than the level assigned by the employer. The decisive legal basis involved the interpretation of the collective agreement structure for the public service sector (BAT), specifically the regulations regarding Pay Group V b and the prerequisites for determining the applicable service level within that group.