Judgment of the Court (First Chamber) of 28 July 2016 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Nils-Johannes Kratzer v R+V Allgemeine Versicherung AG

(Case C-423/15) (1)

((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 3(1)(a) - Directive 2006/54/EC - Equal opportunities and equal treatment between men and women in matters of employment and occupation - Article 14(1)(a) - Scope - Definition of ‘access to employment, to self-employment or to occupation’ - Application for a post for the purpose of acquiring the formal status of applicant only in order to claim compensation for discrimination - Abuse of rights))

(2016/C 350/15)

Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings

Applicant: Nils-Johannes Kratzer

Defendant: R+V Allgemeine Versicherung AG

Operative part of the judgment

Article 3(1)(a) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation and Article 14(1)(a) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 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 meaning that a situation in which a person who in making an application for a post does not seek to obtain that post but only seeks the formal status of applicant with the sole purpose of seeking compensation does not fall within the definition of ‘access to employment, to self-employment or to occupation’, within the meaning of those provisions, and may, if the requisite conditions under EU law are met, be considered to be an abuse of rights.

(1)  OJ C 320, 28.9.2015.