Admissibility of appeal seeking declaratory entitlement to BAT Pay Grade II a basic compensation for past period

The Federal Labour Court (BAG) partially reversed the Hessian Labour Court of Appeal’s judgment and dismissed the plaintiff’s appeal as inadmissible insofar as it claimed a declaratory ruling that the defendant state was obligated to pay basic compensation according to Pay Grade II a (highest age grade) of BAT Schedule 1a for the period from June 1 to October 31, 2008, thereby upholding the lower court’s rejection of that specific claim and ordering the plaintiff to bear the costs of the appellate and revision proceedings. The dispute concerned the plaintiff’s entitlement to a specific salary level under the collective agreement for the public service (BAT), with the core issue being the validity of the plaintiff’s claim for declaratory relief regarding back pay for a specific past period. The decisive legal basis involved the procedural requirements for declaratory judgments in employment disputes and the substantive provisions of the BAT regarding basic compensation and pay grade classifications, leading the court to find the appeal inadmissible for the portion concerning the declaratory obligation to pay past wages.