Questione giuridica chiave
Whether the further appeal should be admitted because the case raises a question of fundamental importance regarding staff council participation in determining limited service capacity and reducing working hours.
Decisione estratta
Leave to appeal was granted because the matter presents a decisive question of fundamental importance: whether staff council participation exists in cases of limited service capacity and reduction of working hours.
Motivazione estratta
The court considered the legal question under § 95(2) PersVG BB in conjunction with § 92(1) sentence 2 and § 72(2) no. 1 ArbGG to be worthy of clarification by the senate.