Withdrawal of wage claim in first instance bars re-assertion in subsequent proceedings

The Federal Labor Court (BAG) reversed the appellate decision and dismissed the employee's claim, upholding the employer's position. The dispute concerned a wage claim where the employee had initially withdrawn a claim for a specific monetary amount in the first instance, and the employer subsequently asserted that this withdrawal barred any further recovery of wages for the same period. The court held that the withdrawal of a claim in the first instance resulted in a binding loss of the claim (Verwirkung) with respect to the specific subject matter and amount, preventing the employee from re-asserting the same wage claim on appeal or through revision, thereby favoring the employer.