Reversal of appellate labor court judgment; plaintiff’s costs liability for unsuccessful appeal and revision proceedings

The Federal Labour Court (BAG) reversed the appellate court's decision and dismissed the plaintiff's appeal, ruling in favor of the defendant and ordering the plaintiff to bear all litigation costs for the second and third instances. The dispute concerned a contractual or statutory labor law claim where the lower court had partially upheld the plaintiff's position, which the highest labor court subsequently reversed. The decisive legal basis involved the BAG's interpretation of the relevant German Civil Code and/or Labor Law provisions applicable to the specific employment relationship issue at hand, determining that the plaintiff failed to establish the necessary legal prerequisites for their claim under the governing statutory standards.