The Federal Administrative Court on 03/03/2011 (ref. 5 C 15.10 and 16.10) decided that a candidate for judicial office in Baden-Wuerttemberg and Bavaria owners are entitled to compensation under the General Equal Treatment Act (AGG) because they was not invited for an interview. This was due, according to the ministries of the average of the test results of the first and second state examination.
rash-loving remarkable for this set is the main obstacle to the candidate.
The applicant is entitled to compensation because they are contrary to the legal obligation for public sector employers (for Was § 82 sentence 2 and 3 of Book IX Book not) invited to an interview.
also states the press release :
The public employer is obliged to severely disabled people who apply for a vacancy to invite for an interview. This invitation must by law be avoided only if the professional competence of the severely disabled is an obvious candidate. The employer may not base next to a proven professional qualification exam grades only if he has a particular grade level in advance and set in a binding set of requirements for the vacant position. That was after the findings of administrative tribunals in 2007 for judicial posts, either in Baden-Württemberg Bayern still in the case. After that it was unlawful, the applicant, which has the second state examination unquestionably acquired the ability to be a judge, not to invite for an interview. This is justified (according to § 22 AGG3) the statutory presumption that the applicant was prejudiced by denial of the statutory betterment. This prohibited discrimination in the recruitment process required to pay compensation even if the applicant as a result of discrimination in terms of choice because of its notes had not been set.
specialist in labor law Dan Fehlberg Lawyers Dr. Kühl & Koll Elm Street 42 09112 Chemnitz Tel: 0371-355900 Fax: 0371-3559020 Email: buero@anwalt-in-chemnitz.de 
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