To the equal opportunities in the light of the "Werhof" decision of the ECJ
The judgment of the ECJ deserves approval. The BAG is reason to refrain from the announced change of case law. When formulating reference clauses on collective agreements, the effects, especially in the event of a transfer of operations, must be considered and designed accordingly. A carelessly formulated dynamic reference clause in employment contracts can therefore significantly affect the value of a company. Attorney Dirk Helge Laskawy writes in decisions on commercial law (EWIR) 2006/507f.
