Kratzer v R+V Allgemeine Versicherung AG [2016]

  • Case Reference
    CJEU C‑423/15
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Equal Treatment Directive 2000/78/EC; Sex Discrimination; Age Discrimination; Reason for Application Solely to Bring Claim

Does a job applicant gain protection under the equal treatment Directive if the purpose of making the application is not to get the job but only to get the status of someone who could take a claim and gain compensation? The answer is no, according to the CJEU - that would be an abuse of the rights granted under the Directive.

The claimant in this case applied for a trainee solicitor post. The firm were looking for law graduates. He was a lawyer and former manager with an insurance company. When his application was rejected he claimed €14k compensation for age discrimination and, on finding

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This article is correct at 18/08/2016
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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