Insolvency enforcement: Admissibility of wage claim attachment and exclusion of offset defense in civil execution proceedings

The Federal Labour Court dismissed the employer's appeal, upholding the lower court's judgment in favor of the employee and ordering the employer to bear the litigation costs of the appellate instance. The dispute concerned a civil enforcement proceeding initiated by the employee to recover unpaid wages following an insolvency of the employer. The central legal issue was whether the employer could rely on the doctrine of "Wandelschutz" (protection against enforcement through offsetting) to prevent the attachment and sale of assets, or whether the statutory provisions on insolvency and wage claims took precedence, effectively barring the defense and validating the enforcement measures taken by the employee.