A just published resolution by the German Federal Labor Court on a Pension Dispute in Germany deals with important deadlines in German appeal proceedings (Federal Labor Court, resolution dated 15.10.2013 – reference 3 AZR 640/13).
When a party of a German Employment dispute is being served with a court decision more than 5 months after the pronouncement of this decision, the following rules apply: The one month appeal deadline already begins 5 months after pronouncement. In the case to be decided this has not been taken into consideration by the German Employment Attorney in charge.
The German Attorney, furthermore, failed to apply for a restitutio in integrum after the German Federal Labor Court had given formal notice that the appeal deadline had not been met under German Employment Law. Such an application would have been likely to be successful, if filed within 2 weeks after the formal notice and on the grounds of a clerical error.