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The European Court of Justice (ECJ) ruled in its judgment of 28 July 2016 in the Kratzer case (C-423/15) that 'mock' applications do not fall within the scope of European anti-discrimination directives and can be considered as an abuse of rights. This judgment makes it easier for employers in Europe to reject financial claims by applicants who do not seek to obtain the advertised posts but only the formal status of applicant for the sole purpose of claiming compensation. Baker McKenzie represented the sued employer before the ECJ.

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