Advocate General Mengozzi has given an opinion concerning the approach to be taken in a discrimination case where a job applicant with the necessary qualifications for an advertised job was twice refused an interview, and the employer refused to give any reasons for the decision.

He recommended that EU law should not impose a positive obligation on the employer to provide the information sought. However, the domestic court must consider the employer's refusal as part of the wider factual context when deciding whether there are facts from which discrimination could be inferred, and which therefore would place the burden of proof onto the employer to disprove discrimination. (Meister v Speech Design Carrier Systems GmbH (C-415/10)).