Facts
The Foundation for Flexible Retirement in the Main Construction Industry (Stiftung FAR) sued B. GmbH and R. GmbH, as these companies, in its view, are subject to the scope of the generally binding collective labour agreement for flexible retirement in the main construction industry (GAV FAR) and must pay the corresponding contributions. The lower instance dismissed the claims. The Federal Court consolidated the proceedings and upheld the appeals of the Stiftung FAR.Considerations
The decisive factor for the question of whether companies like the respondents, whose defining activity is geothermal probe drilling, fall within the operational scope of Art. 2 para. 4 of the generally binding declaration of the GAV FAR, is the interpretation of this provision. The wording covers such companies if they can be attributed to the "civil engineering" sector. Drilling operations are generally to be classified as civil engineering, regardless of the purpose of the drilling. Even if the respondents carry out other activities such as the installation of heat exchangers, the drilling of geothermal probes is the defining activity in their companies.
From a systematic point of view, it must be taken into account that the respondents are in competition with civil engineering companies that also carry out geothermal probe drilling. Furthermore, their activity differs in essential aspects from that of other manufacturers of building heating or cooling systems. Therefore, the systematic element also speaks in favour of their inclusion under the generally binding provisions of the GAV FAR.
Finally, the…