The ECJ has followed the Advocate General’s decision in Centrum voor Gelijkheid van Kansen en voor Racismebestrjding v NV Firma Feryn that a public statement made by a prospective employer that Moroccans need not respond to a job advert was direct race discrimination. [SEE BRIEFING 5]. Such statements give rise to a presumption of a discriminatory recruitment policy and it is therefore for the employer to adduce evidence that it has not breached the principle of equal treatment. It could do this by showing that the actual recruitment practice did not correspond to that statement.