Originally Posted by
thbe
The Helga Krüsemann ./. TUIfy was about a "wildcat strike". The UFO strike wasn't a "wildcat strike", but a "warning strike". A "warning strike" isn't a "wildcat strike", even if it's a last minute strike as well.
I believe the argument is that if a wildcat strike by LH employees is considered under the control of LH, an announced strike should be even farther away from the force majeure claimed by LH, and even less of extraordinary circumstances. If there is additional case law that would help, I certainly would appreciate learning about it.