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4 clusters · 9 sources · 29 days · First seen · Last updated

German and European judicial rulings on labor and civil law

Overview

Recent German and European court rulings have addressed various legal matters concerning employment rights, liability, and property. In labor law, the Higher Labor Court (LAG) Hamm ruled that employees may lose claims to back pay if they unreasonably refuse reasonable offers of continued employment during dismissal protection lawsuits. Additionally, the Higher Labor Court of Lower Saxony determined that irrevocable garden leave, which offsets remaining vacation days, cannot be unilaterally revoked even if a dismissal is overturned. In a separate employment case, the Heilbronn Labor Court found that while sexual harassment at a company event justified dismissal, immediate termination without notice was disproportionate given the employee’s ten-year unblemished service. Expanding on employment regulations, the European Court of Justice (ECJ) ruled that travel time to a work site must be classified as working time if the employer dictates the route, time, and vehicle, and the employee is not free to use the time for personal purposes. This decision, stemming from a dispute in Spain, clarifies that under the EU Working Time Directive, there is no separate category for ‘travel time’ if an employee is at the employer's disposal. The German Federal Labour Court (BAG) ruled against a worker seeking additional severance pay, determining that seniority began in 2017 rather than 2014 because the worker was initially employed by a temporary agency through an external provider. Regarding litigation procedures, German labor courts have clarified that employees who successfully challenge a dismissal may still be responsible for their own attorney costs under Section 12a of the Labor Court Act, as the opposing party is generally not required to reimburse these fees in first-instance proceedings. Furthermore, employees must adhere to a strict three-week deadline to file a lawsuit following a written dismissal notice; delays from insurance discussions or employer negotiations do not extend this timeframe.

Entities

Landesarbeitsgericht Niedersachsen · Oberlandesgericht Frankfurt am Main · IG Metall · Federal Labour Court · Arbeitsgericht Heilbronn

Timeline

  1. [BUSINESS] 4 sources
    Germany: Legal costs remain for employees winning dismissal lawsuits

    Employees in Germany may still face personal legal costs even after successfully winning a lawsuit against a dismissal, as employers are not required to reimburse attorney fees in first-instance proceedings.

  2. [BUSINESS] 2 sources
    European Court and German Labour Court issue key employment rulings

    The ECJ ruled that employer-mandated travel time constitutes working time, while the German Federal Labour Court denied a worker additional severance pay due to complex temporary employment transitions.

  3. [POLITICS] 2 sources
    German courts issue rulings on liability, employment, and property

    Recent German court rulings include the dismissal of an Oktoberfest injury claim, a ruling on disproportionate dismissal for workplace harassment, and a property dispute over a rare Ferrari.

  4. [BUSINESS] 3 sources
    German labor courts rule on dismissal and wage claims

    German labor courts have clarified legal precedents regarding wage claims during dismissal protection lawsuits and the irrevocability of garden leave involving vacation offsets.

Sources

agrarheute.com · beck-aktuell.de · berliner-sonntagsblatt.de · gegen-hartz.de · kurierverlag.de · lifepr.de · osthessen-zeitung.de · schwerin-lokal.de · tp-rechtsanwaelte.de

This summary has been updated 2 times: see revision history