众所周知,德国是受失业困扰最为严重的欧洲国家之一。“促进就业”已经成为德国政府不惜代价去争取的目标,而劳动力市场的游戏规则也将随之发生诸般变化,这使得平素以严谨和保守著称的德国法律开始变得越来越积极,因而德国国内法也越来越多地遭受来自欧盟法的挑战,本文所引案件即揭开了这诸多挑战的冰山一角。 As we all know, Germany is one of the most troubled European countries. “Promoting employment” has been the target of the German government to fight at all costs, and the rules of the game in the labor market will change in the ensuing periods. This will make it more and more commonplace to begin to become more and more active in the strict and well-known German law, thus German domestic law is also increasingly challenged from the EU law, and the cases cited in this article reveal the tip of the iceberg of these many challenges.