Effectiveness of individual termination by partial admission judgment declaring continuation of employment

The Federal Labour Court (BAG) partially reversed the lower appellate court’s judgment and, in doing so, modified the first-instance decision to declare that the employment contract between the parties was not terminated by the employer’s dismissal of January 29, 2015, thereby ruling in favor of the employee on the substantive validity of the termination. This partial admission judgment, issued without a detailed statement of facts or reasoning, resolved a dispute concerning the unlawfulness of an individual employment termination, where the employee successfully challenged the effectiveness of the dismissal. The operative legal basis is the procedural rule for partial admission judgments under German civil procedure, which allows the court to settle parts of the main issue definitively while reserving costs and further determinations for the final judgment.