Samenvatting

The Schleswig-Holstein Regional Labour Court (Landesarbeitsgericht, ‘LAG’) has found that a person who expressed interest in a job through the Internet portal ‘eBay Classifieds’ was an ‘applicant’ within the meaning of the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, ‘AGG’) and, provided the other legal requirements are met, eligible for compensation for immaterial damage. The Court further ruled that the hurdles are high for the compensation claim to be countered by the defence of abuse of rights.