Key legal question
Whether the mutual termination agreement of 23 October 2003 was invalid because it was concluded during a sickness-related dismissal ban or during incapacity
Extracted holding
The agreement was valid; the dismissal-ban rules did not bar a mutual termination, and no incapacity was established for the relevant period.
Extracted reasoning
Under Art. 10(1) BPG and the incorporated OR rules, a mutual termination is permissible if it is a genuine agreement with reciprocal concessions and not a circumvention of mandatory dismissal protection. The employee had no proven sickness episode during the relevant period, and the lower court's findings on work capacity were binding.