Confirmation of the Case Law on the Interpretation of Art. 229 Para. 2 CPC

Facts

The case concerns a labor law dispute between A. AG as the employer and B. as the employee. The employer terminated the employment contract without notice, whereupon the employee filed a lawsuit. The Federal Supreme Court had to clarify when, pursuant to Art. 229 Para. 2 CPC, new facts and evidence can be introduced into the proceedings.

Considerations

The Federal Supreme Court confirms its previous case law, according to which new facts and evidence must be introduced into the proceedings pursuant to Art. 229 Para. 2 CPC before the first party submissions under Art. 228 CPC. This interpretation results from the wording of the provision and the legislative history.

Although the case law has been criticized in the literature as being too formalistic and complicating the…