Der Kündigungsschutz des besonderen Vertreters eines Vereins

While the law only stipulates a representative body for both German GmbHs (limited liability companies) and AGs (joint-stock companies), such as the managing director or the executive board, § 30 of the BGB (Germany’s civil code) provides for a further body in addition to the executive board, which can be appointed to represent an association: the special representative. The focus of this investigation is the question of whether the special representative, as an organ of a legal product, can fall within the personal scope of application of the ‘Dismissal Protection Act’ (KSchG). However, since the special representative is an organ of an association, the applicability of general protection against dismissal could be opposed by § 14 (1), no. 1 of the KSchG, according to which general protection against dismissal does not apply to the members of the organ appointed to legally represent a legal person. Whether and under which conditions the special representative falls under § 14, para. 1, no. 1 of the KSchG as a legal representative is the subject of this investigation.