EU: discrimination can be presumed if employers refuse to disclose information on the person hired

Mrs. Meister, unlucky applicant for the position of experienced software developer, considered that she was discriminated against because of her gender, age and ethnical origin (she is Russian).  Therefore, she sued the company which rejected her application – Speech Design – and asked that the latter provide her with the file of the applicant who was hired, allowing her to prove that she was more qualified.  The judicial developments of this initial action led to the interpretation question being asked to the ECJ.  The Court was to determine whether Directives 2006/54 (women), 2000/43 (gender and ethic origin) and 2000/78 (age, belief…) “must be interpreted as 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 and, if so, on the basis of which criteria.” 
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

al action led to the interpretation question being asked to the ECJ. The Court was to determine whether Directives 2006/54 (women), 2000/43 (gender and ethic origin) and 2000/78 (age, belief…) “must be interpreted as 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 and, if so, on the

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
Germany: bill adopted to step up fight against illegal employment
On Thursday 13 November, Germany's Bundestag passed a bill to modernise and digitalise the country’s system for tackling undeclared work and financial crime. In future, the relevant department at...
France: professional equality agreement signed in engineering and consulting sector
On 22 October, the Syntec and Cinov business organisations – representing France’s technical design, digital and consulting sectors (1.4 million employees) – signed a professional equality...
19 November 2025
EU: legislative deal struck to ease international recruitment in shortage occupations
On 18 November, the Council of the EU and the European Parliament reached an agreement on the regulation creating the so-called 'Talent Pool', a digital platform designed to ease recruitment in...
France: wage increases set to fall in 2026
Despite expectations of higher inflation next year – 1.8% compared with 1.3% in 2025 according to the OFCE, the French observatory of economic cycles – wage increases are set to slow...
18 November 2025
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Germany: pensioners in work already common practice, study shows
As the German government steps up measures to encourage people to stay in work beyond the legal retirement age, a new study by the Institute of Economic and Social Research (WSI) – an independent...
2
Spain: government approves creation of ‘intern status’
The Spanish government has paved the way for the creation of a new status for "persons undergoing non-professional practical training in companies, institutions or public or private organisations...
3
France: social conference on labour and pensions to proceed without main employers’ group
The preparatory meeting ahead of the social conference on labour and pensions, which is set to decide on the pension system model and the funding thereof, was held on 4 November at France's labour...
4
Luxembourg: two pension reform bills submitted to parliament
After lengthy negotiations with the social partners, in mid-October the Luxembourg government submitted two bills to parliament aimed at reforming the pension system to ensure its long-term...
5
France: TotalEnergies steps up commitment on disability
On 9 October, French energy group TotalEnergies and all representative trade unions signed a new four-year agreement on disability inclusion. Taking effect on 1 January 2026, the deal aims to help...
6
Germany: bill adopted to step up fight against illegal employment
On Thursday 13 November, Germany's Bundestag passed a bill to modernise and digitalise the country’s system for tackling undeclared work and financial crime. In future, the relevant department at...