Labor law claim dismissed due to failure to meet substantive legal requirements; costs allocated to unsuccessful plaintiff

The Federal Labor Court (BAG) dismissed the plaintiff's appeal in revision, reversing the appellate court's judgment and affirming the lower court's ruling that the plaintiff must bear all legal costs for the appeal and revision, thereby establishing the defendant as the prevailing party. The dispute concerned a labor law claim where the plaintiff initially succeeded at first instance but failed to sustain the claim against the defendant’s appeal, leading to the reversal of the appellate decision. The decisive legal basis rested on the BAG’s assessment that the legal requirements for the plaintiff's substantive claim were not met, rendering the lower court's initial finding in the plaintiff's favor legally incorrect and justifying the full cost allocation to the unsuccessful party.