An advertisement on the internet platform eBay-Kleinanzeigen for applications as a “female secretary” (“Sekretärin”) obliges the advertiser to pay damages under § 15 II AGG due to a discriminatory job advertisement even if the application is made via the chat function.
§ 239 StGB (German Criminal Code) protects the potential will to move forward, which is the point of reference for consent that excludes the offense, so that a deprivation of liberty exists if consent obtained by trickery or deception results in a non-conscious deprivation of liberty. It is merely a means to make it easier to commit the deprivation of liberty by preventing the expected resistance of the person concerned, but does not lead to an exclusion of the fulfillment of the objective element of § 239 I StGB.
KasperskyTM ‘s constitutional complaint based on the BSI‘s warning that it could “conduct offensive operations itself, or be forced to attack target systems against its will, or be spied on as a victim of a cyber operation without its knowledge, or be misused as a tool for attacks against its own customers” was not accepted for decision by the Federal Constitutional Court for lack of compliance with the principle of subsidiarity of the constitutional complaint (Art. 94 II 1 GG, § 90 II BVerfGG).