In a judgment on January 28, 2010, the Federal Administrative Court in Leipzig declared the Deutsche Post Minimum Wage Regulation to be unlawful.
The court held that in issuing the regulation, the rights of the complaining private competitors of Deutsche Post were violated to a considerable degree.
The Federal Administrative Court provides as grounds for its judgment grave procedural errors in enacting the regulation. The private providers did not have sufficient opportunity to submit written comments.
"The judgment is to be considered a milestone," notes Dr. Karl-Josef Stöhr, Partner at law firm Heuking Kühn Lüer Wojtek in Berlin. "The minimum wage had been agreed between Deutsche Post and Verdi in January 2008. The private providers, however, had agreed a considerably different minimum wage with another trade union."
Heuking Kühn Lüer Wojtek legally represented the plaintiffs throughout three court levels. Dr. Ralf J. Wojtek, LL.M. (Lead), Dr. Karl-Josef Stöhr (Litigation) and Dr. Matthias Kühn, LL.M. were responsible.