Situation and Reason for the Decision
For companies with cross-border structures, the question regularly arises in the area of co-determination as to whether and to what extent the Works Constitution Act (BetrVG) applies to organizational units anchored in Germany. This is particularly true in industries with distributed locations and highly standardized processes, such as air transport.
The subject of the decision discussed here is the labor law classification of a stationing location of a Maltese airline at Berlin-Brandenburg Airport (BER). The key issue was whether this unit can be qualified as an independent operational part within the meaning of the BetrVG upon evaluative consideration.
Course of Proceedings and Subject of Dispute
Application and Legal Issue in Dispute
The proceedings concerned the clarification of whether the stationing location at BER meets the requirements that the BetrVG places on an independent operational part. What was decisive was not the corporate structure of the company or its headquarters, but the actual organizational structure on site and the manner of operational management.
Decision of the Federal Labor Court
By decision dated 15.05.2026 (Ref. 7 ABR 7/25), the Federal Labor Court (BAG) made it clear that a stationing location of a foreign airline at Berlin-Brandenburg Airport can, in principle, be considered as an independent operational part within the meaning of the Works Constitution Act. According to the decision, a comprehensive evaluation of the actual circumstances and organizational independence is decisive.
Criteria for “Independent Operational Part” under the BetrVG
Demarcation: Operation, Operational Part, and Organizational Independence
The BetrVG is based on operational organizational units. An operational part can be considered independent if it shows sufficient autonomy in relation to the main operation. It does not depend solely on spatial criteria, but especially on organizational distinctness and internal management structure.
Importance of Management and Decision-Making Authority
According to the principles emphasized by the BAG, it is essential for classification whether a local management unit exercises perceptible employer functions. This includes in particular the control of work processes, the deployment of personnel, the organization of daily operations, and the implementation of operational requirements within their own decision-making scope.
Classification of the Stationing Location at BER Airport
Stationing Location as Operational Unit in Air Transport
In air transport, stationing locations typically serve as points of reference for the organization of flight operations and personnel disposition. However, what labor law quality such a location has depends not on its designation, but on how the unit is actually managed and integrated into the company structure.
Relevance of the Concrete Local Design
The BAG points out in its decision that a stationing location can reach the quality of an independent operational part if the organization there is not merely a dependent execution site but appears as a discernible part with its own management function. The actual processes and responsibilities on site are decisive here.
Significance of the Decision for Co-Determination
Reference to Actual Organizational Structures
The decision makes it clear that the applicability of structures under the works constitution is not excluded by formal group or foreign headquarters. Instead, it depends on operational reality: where an organizationally independent unit exists, classification as an independent operational part within the meaning of the BetrVG can also be considered.
Impacts on the Assignment under the Works Constitution
The qualification as an independent operational part can be significant for the assignment of responsibilities under the works constitution. It particularly affects the question of whether and on what level company interest representation structures can be connected and which organizational unit should be used as a reference.
Source Note and Classification
The foregoing presentation is based on the decision of the Federal Labor Court dated 15.05.2026 (Ref. 7 ABR 7/25) and the reporting at: https://urteile.news/BAG_7-ABR-725_Stationierungsort-einer-maltesischen-Fluggesellschaft-am-Flughafen-Berlin-Brandenburg-kann-als-selbststaendiger-Betriebsteil-im-Sinne-des-Betriebsverfassungsgesetzes~N35980.
Contact Person for Labor Law Clarification Needs
Companies that are confronted with questions about the classification under the works constitution, the distinction between operation and operational part, or the responsibilities for co-determination in the context of international business structures or location-based organizational units often face significant demarcation requirements. MTR Legal Attorneys supports clients in this context in labor law; more information on Legal Advice in Labor Law can be found in the linked area.
