Meister [2012] EUECJ C-415/10 (19 April 2012)

Meister [2012] EUECJ C-415/10 (19 April 2012)

EU anti-discrimination directives do not entitle a rejected job applicant who plausibly meets the advertised requirements to access information about whether another applicant was engaged or the criteria used. However, an employer's refusal to disclose such information may be considered as one factor among others in...

Source-derived case information.

Citation
[2012] EUECJ C-415/10
Parties
Applicant: Ms Meister; Respondent: Speech Design Carrier Systems GMbH
Jurisdiction
European Union
Judgment Date
12 January 2012
Procedural Posture
Preliminary Ruling Reference / Court of Justice of the European Union (second Chamber) Preliminary Ruling
Outcome
Reference answered; no right to information under EU law; refusal to disclose may be a factor in presumption of discrimination.
Legal Topics
Burden of Proof, Equal Treatment, Employment Discrimination, Access to Information, Sex Discrimination, Age Discrimination, Ethnic Origin Discrimination
European Union Law Employment Law Anti Discrimination Law Burden of Proof Equal Treatment Employment Discrimination Access to Information Sex Discrimination +2 more

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Parties

Ms Meister

Applicant

Speech Design Carrier Systems GMbH

Respondent

Procedural Posture

Preliminary Ruling Reference / Court of Justice of the European Union (second Chamber) Preliminary Ruling

Legal Issues

  1. 1 Whether EU anti-discrimination directives entitle a rejected job applicant to information about the recruitment process and criteria used by the employer
  2. 2 Whether refusal to disclose such information by the employer gives rise to a presumption of discrimination

Ratio Decidendi

EU anti-discrimination directives do not entitle a rejected job applicant who plausibly meets the advertised requirements to access information about whether another applicant was engaged or the criteria used. However, an employer's refusal to disclose such information may be considered as one factor among others in establishing facts from which discrimination may be presumed, subject to assessment by the national court.

Court Disposition

Reference answered; no right to information under EU law; refusal to disclose may be a factor in presumption of discrimination.

Orders

  • Article 8(1) of Directive 2000/43, Article 10(1) of Directive 2000/78, and Article 19(1) of Directive 2006/54 do not entitle a rejected applicant to information about recruitment decisions.
  • Refusal to disclose information may be considered in establishing a presumption of discrimination, to be assessed by the national court.