Are social media applications with a comment function subject to co-determination? The Federal Administrative Court (BVerwG) says: It depends.

Together with Dr. Felisiak, Dr. Sorber explained the decision of the Federal Administrative Court of May 4, 2023, in which the BVerwG ruled on the co-determination rights of the staff council when users can comment on social media posts. The BVerwG came to the (correct) conclusion that a general answer about the duty of co-determination - in contrast to the BAG’s most recent assumption - is not possible, as it depends on the individual case. The authors summarized the background and considerations of the BVerwG as well as parallels to the co-determination of the works council.