AGG/Rechtsmissbrauch II | beck-community


The Berlin Labor Court has dis­missed a com­pen­sa­tion claim (§ 15 para. 2 AGG) of €5,400 from a job appli­cant due to abuse of rights (§ 242 BGB). The man had repeat­ed­ly applied for posi­tions as a “sec­re­tary” and filed eleven com­plaints with­in 15 months. In this case, his appli­ca­tion did not include a cov­er let­ter or resume. The court con­clud­ed that the appli­cant was not gen­uine­ly inter­est­ed in employ­ment but rather sought to exploit spe­cif­ic job adver­tise­ments as a source of income. The appeal by the appli­cant was also reject­ed, and he has now filed a com­plaint with the Fed­er­al Labor Court.



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