For well over ten years, the termination of a married Church employee busy work of judges in the highest instances. Today, the Federal are now re-working judges in Erfurt.
experts expect a landmark ruling on the controversial special position of the churches as employers. In the specific case of a Catholic chief physician of a Catholic had married a hospital in Düsseldorf, after a divorce for the second Time in a registry office. The employer saw a violation of the Catholic faith and morals doctrine and, therefore, according to the contract of employment against his loyalty obligations.
The Second Senate now needs to find against the Background of the enshrined in the basic law of the special status of the churches and the EU law, a judgment. Because the European court of justice (ECJ) had made a decision on the case by the end of 2018, criticism of the German special rules for churches. The Federal labour court must examine, therefore, the extent to which Religion or belief can be a genuine, legitimate and justified occupational requirement.