BAG: Late works council election challenge fails

Germany’s Federal Labor Court ruled that a works council election can only be challenged within two weeks of the result being announced. Missing this deadline—even due to missing paperwork—makes the election final, regardless of any errors.

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Election challenge only valid if filed on time

On January 28, 2026 (case no. 7 ABR 40/24), the Federal Labor Court (BAG) ruled that a company cannot challenge a works council election after the two-week deadline—even if the paperwork was incomplete. This means the election stands, regardless of any mistakes made during the process.

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Why the court had to decide

The case centered on a key rule: Works council elections must be challenged within two weeks of the results being announced. The company argued the election was invalid because the delivery drivers in one city weren’t a separate „workplace” under German labor law. But the court never even got to that question—because the company missed the deadline to file its challenge properly.

What happened in this case

A food-delivery company had workers in multiple cities. In one location, delivery drivers elected a works council. The company tried to overturn the election weeks later, claiming the drivers weren’t a separate workplace. But the company’s HR employee who filed the challenge didn’t provide proper proof of authorization until after the two-week deadline had passed.