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Erfurt (dpa) - The Federal Labor Court has appealed to the European Court of Justice on the question of the admissibility of the dual function of works council and data protection officer.
It must be clarified whether the high requirements that German law places on the dismissal of a corporate data protection officer are in line with the European General Data Protection Regulation.
The Federal Labor Court announced on Thursday in Erfurt.
German law requires an important reason for the dismissal of a data protection officer and thus goes beyond European law.
The tenth senate had already decided in 2011 that membership in the works council is compatible with the office of data protection officer.
The present case was before the Ninth Senate for decision.
The Thuringian state data protection officer had seen a conflict of interest in his appointment as a data protection officer due to the full-time activity of a works council.
The works council of the semiconductor manufacturer X-Fab (based in Erfurt), which also has a subsidiary in Dresden, was then dismissed as data protection officer.
The man had successfully sued in the two lower courts against his dismissal.
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