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European Observer on fundamental right's respect

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Case Law C- 415/10 (19/04/2012)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/19/2012

Subject: The Court affirmed that Directive 2000/43/EC, implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, and Directive 2006/54/EC, on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, must be interpreted as not entitling a worker who claims plausibly that he meets the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant at the end of the recruitment process. Nevertheless, it cannot be ruled out that a defendant’s refusal to grant any access to information may be one of the factors to take into account in the context of establishing facts from which it may be presumed that there has been direct or indirect discrimination. It is for the referring court to determine whether that is the case.

Parties: Galina Meister

Classification: Equality - Art. 21 Non discrimination - Art. 23 Equality between men and women

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