Streik und Drittschaden

Labour disputes will be perceived as a disturbance of social peace as long as they are performed at the expense of third parties. The study provides a complete concept of the legal consequences of labour disputes with special reference to the legal status of third party companies. Based on recent decisions of the German Federal Labour Court, their legal status is examined in the private sector as well as in the context of labour disputes in air traffic control. In both cases, the following principle applies: recourse liability instead of direct liability. Third parties are entitled to a compensation from the employer fought against. Claims against employees and unions, in contrast, are the exception, although they are conceivable and legally constructable in cases of unlawful strikes. Disproportionate damages of third parties resolve in the unlawfulness of the labour dispute and the corresponding recourse liability.