The decision was taken note of with regret, it said in a statement released on Thursday evening.
"Should the evaluation show that the constitutional warranties have not been sufficiently taken into account, the employer concerned will have to examine whether a constitutional complaint is eligible."
Previously, the court in Erfurt had ruled that a mere church exit may not result in a blanket termination by the Catholic employer. The corresponding termination of an employee in the Caritas pregnancy consultation from 2019 is thus ineffective.
Diocese: meaning not fully covered
The church's statement continued: "The Diocese of Limburg respects the freedom of every human being to decide on his or her religious affiliation. At the same time, the right of the Church to shape and perceive her mission according to her self-understanding is protected."
According to the Catholic understanding, a church exit concerns the attachment to the ecclesial community itself. "The fact that a person continues to share individual church convictions therefore does not fully grasp the importance of this step," the argument said.
In the next few weeks, it will be examined whether it is necessary to contact the Federal Constitutional Court. The right of ecclesiastical self-determination must be protected.
Judges see inadmissible disadvantage
The Federal Labour Court concluded, however, that the termination due to a church exit constituted an inadmissible disadvantage because of religion, if the church employer with the same tasks also employs persons who are not members of this church.
In addition, the court pointed out that the plaintiff had declared her withdrawal only before the competent state authority and had not made it public.
In this respect, the withdrawal alone does not constitute a violation of loyalty that justifies a disadvantage.
The Erfurt judges essentially followed the reasoning of the European Court of Justice of March, to which the case had been submitted for clarification.
