Revision costs allocation in employment dispute: 90/10 split between defendant and plaintiff

The Federal Labour Court (BAG) dismissed the defendant’s revision, upholding the Lower Labour Court of Hamm’s judgment and ordering the defendant to bear 90% of the appellate costs. The dispute concerned an employment-related claim, where the plaintiff sought enforcement of rights against the defendant employer, and the lower court’s decision in the plaintiff's favor remained in force. The decisive legal basis involved the application of German labour law principles governing the entitlement to the claimed benefits, with the BAG confirming that the defendant’s arguments on appeal did not meet the threshold for overturning the lower instance's assessment of the material facts and legal implications.