CELEX: 62010CN0415
Language: en
Date: 2010-08-20 00:00:00
Title: Case C-415/10: Reference for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 20 August 2010 — Galina Meister v Speech Design Carrier Systems GmbH

6.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 301/10
            
         Reference for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 20 August 2010 — Galina Meister v Speech Design Carrier Systems GmbH
   (Case C-415/10)
   ()
   2010/C 301/14
   Language of the case: German
   
      Referring court
   
   Bundesarbeitsgericht
   
      Parties to the main proceedings
   
   
      Applicant: Galina Meister
   
      Defendant: Speech Design Carrier Systems GmbH
   
      Questions referred
   
   
               1.
            
            
               Are Article 19(1) 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 (recast) (1) and Article 8(1) of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2) and Article 10(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (3) to be interpreted as meaning that, where a worker shows that he meets the requirements for a post advertised by an employer, he has a right vis-à-vis that employer, if he does not obtain the post, to information as to whether the employer has engaged another applicant and, if so, as to the criteria on the basis of which that appointment has been made?
            
         
               2.
            
            
               If the answer to the first question is affirmative:
               Where the employer does not disclose the requested information, does that fact give rise to a presumption that the discrimination alleged by the worker exists?
            
         
      (1)  OJ L 204, p. 23.
   
      (2)  OJ L 180, p. 22.
   
      (3)  OJ L 303, p. 16.