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BAG: submission to the ECJ: right to information of rejected applicants to employers?

The BAG has referred to the ECJ the question to decide whether unsuccessful job applicants who wish to make a violation of the AGG claim can the employer request information on whether the other candidate / Has hired another candidate and is made on the basis of what criteria this setting. German law provides such a right to information not available. Perhaps it is clear from the anti-discrimination directives of the Community law.

The case:
1961, Russian-born applicant had unsuccessfully applied for an advertised by the defendants. The defendant had told her then not indicated whether they had hired another candidate to another candidate, and if so, which criteria for this decision have been decisive.

the applicant stated that they had fulfilled the requirements for the advertised position and was solely because of their gender, age and origin were not invited for an interview. Therefore, there is a violation of the AGG and the defendant must pay a reasonable compensation in money. Labour Court and LAG have dismissed the action. On appeal the appellant, the BAG to stay the proceedings and the ECJ the following question for a preliminary ruling:


The question: commands
"Does Community law, an applicant who demonstrates that he satisfies the conditions for an employer of the posts met, whose application has not been recognized, however, against the employer is entitled to ? Information to give, whether it has hired another candidate, and if so, is made on the basis of what criteria this setting


The reasons:
The Senate established the preliminary ruling from the fact that although the applicant on their gender, age and their origin was noted. They have failed to show any sufficient evidence, which can be a disadvantage because one in § 1 AGG suspect referred to ground and run gem. § 22 AGG to a burden of proof would be. Under national law, there was no claim of the plaintiff against the defendant on information on whether the post had been filled with a different candidate and if the basis of what Criteria.

On a final decision, however, prevented the Senate saw as the relevant anti-discrimination directives of Community law may be called for such a right to information. The interpretation of these guidelines is for the ECJ.