Retroactive salary reduction for part-time civil servants based on post-hoc completion of co-determination proceedings for working-time regulations

The Federal Administrative Court granted the complaint and allowed the appeal on points of law to proceed, finding that the question of whether the retroactive completion of a co-determination procedure for mandatory working-time regulations justifies a further reduction in the salary of part-time civil servants possesses fundamental legal significance under § 132 Abs. 2 Nr. 1 VwGO. The dispute concerns a working-time regulation affecting part-time civil servants, where the lower instance decided that the retroactive adherence to co-determination requirements justified a corresponding and retroactive salary reduction. The decisive legal issue centers on the interplay between co-determination duties in labor administration, the validity of working-time regulations, and the legal consequences of procedural defects on existing pay claims, specifically whether such defects permit ex post facto financial adjustments.