2010/62: New challenge to German time-bar rule limiting discrimination claims (GE)
German law requires discrimination claims to be notified to the employer in writing within two months of the date the employee becomes aware of the discrimination. Last year the Federal Labour Court found this requirement to be compatible with European law and did not find it necessary to refer questions to the ECJ (see EELC 2010/45). Now a lower court has decided to ask the ECJ whether the German time-bar rule is compatible with (1) primary EU law and (2) Directive 2000/78.
Landesarbeitsgericht Hamburg, 2009-06-03