In Meister v Speech Design Carrier Systems GmbH, the European Court of Justice has held that EU law does not require an employer facing a discrimination claim from an unsuccessful job applicant to disclose information on the successful candidate. However, an employer’s refusal to grant access to such information may be taken into account when establishing facts from which direct or indirect discrimination may be inferred. It is for the referring court to determine whether there are such facts in the instant case.
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