Schüth v. Germany

Bernhard Schüth (plaintiff) was an organist and choirmaster in a Catholic parish in Germany. When hired, Schüth signed an employment contract that included his agreement to observe ecclesiastical obligations. Schüth separated from his wife and started a family with a new partner. When his employer discovered that he was having a child with his new partner, the church dismissed him for violating his duty of loyalty. Schüth filed proceedings in the Essen Employment Tribunal. The employment tribunal found that Schüth’s conduct did not justify his dismissal. The church appealed to the Düsseldorf Employment Appeal Tribunal. The appeals court determined that the dismissal might have been allowable; however, the church had failed to meet with Schüth to encourage him to end his affair, making his dismissal invalid. The appeal tribunal granted leave to appeal to the Federal Employment Tribunal. The Federal Employment Tribunal quashed the judgment of the appeal tribunal, determining that the lower court had improperly excluded evidence about the church’s effort to inform Schüth of the consequences of his actions. On remand, the Düsseldorf Employment Appeal Tribunal upheld the church’s appeal, finding that the church had dismissed Schüth consistent with German employment regulations. Schüth requested an appeal; however, the Federal Employment Tribunal denied his request. The Germany Federal Constitutional Court then refused to allow a constitutional complaint to go forward. Subsequently, Schüth filed an application with the European Court of Human Rights, arguing that Germany (defendant) had failed to protect his right to a private life as required by Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the convention).