Dismissal of appeal against reversal of labor court decision on employer liability

The Federal Labour Court (BAG) reversed the appellate court’s judgment and upheld the lower court’s dismissal of the claim, resulting in the defendant’s victory and an order for the plaintiff to bear the legal costs of the appeal and revision. The dispute concerned a labor law claim where the plaintiff sought compensation or specific performance against the employer, which was initially successful at the appellate level but failed at both the trial court and the final federal instance. The decisive legal basis was the BAG’s substantive review determining that the plaintiff did not meet the statutory requirements for the claimed relief under German labor law, thereby affirming the lower court's finding of no liability.