Validity of works council election under the Works Council Constitution Act

The Federal Labour Court (BAG) reversed the appellate decision, upholding the first-instance ruling that dismissed the plaintiff's claim, thereby allowing the defendant to prevail and ordering the plaintiff to bear the costs of the second and third instances. The dispute concerned an employment law matter, specifically the application of the Works Council Constitution Act (BetrVG), where the plaintiff challenged a collective-level decision or procedure involving works council rights. The court determined that the plaintiff's claims were unfounded under the relevant statutory provisions governing the composition or election of works council representatives, affirming the lower court's interpretation of the legal requirements and procedural validity of the contested measures.