Questione giuridica chiave
Whether the legal appeal should be admitted because the case raises a question of legal unity on § 9 BPersVG for substitute youth representatives called up in case of absence.
Decisione estratta
The legal appeal is admissible because the case allows clarification of under what circumstances substitute members of the youth representation body who move up due to absence enjoy continued employment protection under § 9 BPersVG.
Motivazione estratta
The court found a need to ensure legal unity on this unresolved question and referred to earlier Federal Administrative Court case law and contrary Federal Labour Court case law.