Rückwirkende Rechtsprechungsänderung

If the Federal Supreme Court or the Federal Labour Court changes its case law, the question arises whether the new case law applies retroactively. Most solutions to this problem focus on the protection of legitimate expectations. But why should trust of private parties in the continued existence of case law, which can be changed at any time, be worthy of protection? In contrast, the application of the general principle of equality before the law (Article 3(1) Basic Law) on the judiciary is hardly ever discussed. The author argues that the problem of retroactivity should be solved by taking into account the self-binding nature of supreme court case law within the framework of the general principle of equality before the law.