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Job application with sole purpose of claiming compensation for discrimination - Kratzer v R V Allgemeine Versicherung AG (C-423/15) [ECJ] 28.07.16

Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 3(1)(a) — Directive 2006/54/EC — Equal opportunities and equal treatment between men and women in matters of employment and occupation — Article 14(1)(a) — Scope — Definition of ‘access to employment, to self-employment or to occupation’ — Application for a post for the purpose of acquiring the formal status of applicant only in order to claim compensation for discrimination — Abuse of rights. HELD that a person making an application for a post in circumstances where he was clearly not seeking to obtain the post for which he applied, but was out to obtain an undue advantage, could not rely on the protection offered by Directives 2000/78 and 2006/54. EU law could not be relied on for abusive or fraudulent ends.

Link to judgment
Category: Employment » Age discrimination; Sex discrimination; Tribunal procedure. Area(s) of law: Employment.
Source: Times 12.10.16.

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