The EU law does not protect job applicants who only apply for a position to achieve compensation for discrimination

In July 2015, the Federal Labour Court in Germany referred a preliminary question to the ECJ under Article 267 TFEU. The question was submitted in a case between a lawyer and an insurance company from Germany and involved whether the lawyer had been subjected to discrimination due to age and gender in connection with the rejection of his job application. The ECJ took into account that the EU law does not protect job applicants who are not interested in being hired, but who are only attempting to achieve compensation on the ground of discrimination. If the required conditions under the EU law are met, such a situation could be characterised as abuse of the law. This was established by a decision of 28 July 2016 from the ECJ (case C-423/15).

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