CJEU rejects abusive “anti-discrimination” claim

vexatious-litigant-family-lawIn a judgment released today the Court of Justice has at last recognized what legal experts have been warning about for many years: the EU’s sweeping “anti-discrimination” legislation can easily be misused by quarrelsome litigants.

In today’s decision in the case of Nils-Johannes Kratzer v R+V Allgemeine Versicherung AG (Case C-423/15), it is therefore clarified that law courts must verify whether a plaintiff has applied for a job because he was genuinely interested, or only for the purpose of making his application the basis of a vexatious lawsuit.

Mr. Kratzer claimed to have been the victim of “age discrimination”. The CJEU’s judgment can however apply to all kinds of discrimination claims, including those based on alleged discrimination on grounds of “gender” or “sexual orientation”.

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