In our article Update on AGG Hopping, we provided an overview of the existing case law on “AGG hopping,” which is the practice of filing fake job applications for the sole purpose of rejection in order to file a discrimination under the General Act on Equal Treatment (“AGG”). In its judgment of May 7, 2026 (2 Ca 6536/25), the Düsseldorf Labor Court has now taken a firm stance against a “classic AGG hopper,” expressly departing from the established case law of the German Federal Labor Court.
Background Facts
The plaintiff, a 50-year-old individual with a severe disability, applied for an open position with the defendant. He submitted a document containing personal information and an excerpt from an administrative decision indicating a degree of disability of 90. The defendant rejected the plaintiff’s application on the same day. A few hours later, the plaintiff sent a letter to the defendant alleging violations of various protective and affirmative obligations under Book IX of the German Social Code (“SGB IX”) and demanded compensation in the amount of EUR 75,000. In the subsequent proceedings, the defendant filed a counterclaim seeking information on the number of AGG compensation proceedings brought by the plaintiff.
The Düsseldorf Labor Court dismissed the claim holding that the plaintiff was not entitled to any compensation and his application constituted an abuse of rights. The purpose of his application was not to enter into a new employment relationship, but to...
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