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Karlsruhe / Munich (dpa) - gray hair in a stubble, laugh lines around the eyes: Is that why Nils Kratzer looks too old to celebrate on a summer evening with the «Isarrauschen» on the Praterinsel in Munich?
Yes, decided the security people at the entrance control - and denied the 44-year-old and two companions entry.
No, found scratches and felt discriminated against.
He cites the General Equal Treatment Act (AGG) and demands 1000 euros in compensation.
With that he sued through the courts.
His case will be heard this Thursday (10:00 a.m.) before the Federal Court of Justice (BGH) in Karlsruhe.
"I've never seen someone tell me to my face that I'm too old for a festival," said Kratzer before the trial.
"On the contrary.
In the past, I often went to festivals across Germany with my friends, where all age groups were represented. "
You also meet people over the age of 70 there.
"Participants my age are the rule there and not aliens."
Even at the age of 70, he wanted to have the opportunity to “have fun with young and old,” said Kratzer.
"The interaction between" old "and" young "is fruitful in every respect for all generations."
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In the specific case, both the Munich District Court and the Munich I Regional Court were able to understand the decision of the organizers.
The open-air event in August 2017 was not intended for a general audience, but for people between the ages of 18 and 28.
According to the manager, there was no general entry ban for people of a certain age.
He is 39 years old himself.
But the door staff had been instructed to "sort out unsuitable guest potential".
"With regard to belonging to the target group defined in terms of age, what mattered was the visual impression that an age check had not taken place," describes the BGH.
From the point of view of the courts, it was also decisive that the number of participants was limited to 1,500.
For the success of such a small event, an "audience that is homogeneous in terms of age and presentation" is a decisive criterion.
The judges from Munich found this to be clearly different for larger events such as concerts in football stadiums or music festivals with tens of thousands of visitors.
The prohibition of discrimination according to the AGG is limited to mass transactions.
The AGG, also known as the Anti-Discrimination Act, has been in force since 2006.
Since then, the Federal Anti-Discrimination Agency has received six inquiries from people who felt they had been discriminated against when entering discos or clubs because of their age.
Discrimination on the grounds of sex was given significantly more frequently as the reason (73 inquiries).
More often - 320 inquiries - people said they saw themselves discriminated against when entering because of their ethnic origin or for racist reasons.
There is already a relatively large amount of case law on this, said a spokesman.
However, because there were no guidelines for interpreting the regulations with regard to age discrimination, the regional court allowed the appeal to the BGH.
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Sandra Warden, Managing Director of the German Hotel and Restaurant Association (Dehoga), explains: "Not every unequal treatment is discrimination."
The restaurateur is free to decide who to entertain.
"Domestic rights are very important in our country."
Guests who do not meet the dress code or who are heavily drunk could be turned away.
It is also about the need for security.
Age-related inequality of treatment can also be justified from Warden's point of view.
As an example, she cites over 30 parties that are supposed to target specific guests.
According to the General Protection and Security Association, the legal basis for the bouncer's actions is the house rules and the contract with the organizer.
The house rules must clearly define who is allowed to enter.
In addition, a so-called watch book, a service log, should be kept.
“With the help of this protocol, one could compare whether other older guests were also turned away.
Such incidents must be documented. "
Kratzer's case sometimes produces strange flowers.
To prove that he “by no means” looked or looked old, he offered his then younger partner as a witness before the local court.
Munich also seems to be a "special place for discrimination of any kind," the 47-year-old finds, referring to a bar that turned him away as a man, as well as other cases in the city in which guests were turned away because of their skin color .
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The other side argued in turn with various proceedings by Kratzer, in which he went to court citing the AGG and made money with it.
The 47-year-old vehemently rejects such allegations: the assertion of monetary claims should have a deterrent effect on the discriminatory according to the intention of the law.
"I've been pursuing my rights in this regard for almost four years," he said.
"I have invested money for this that is many times the amount claimed for compensation."
© dpa-infocom, dpa: 210225-99-583851 / 3
Announcement by the BGH
Selected decisions by German courts on anti-discrimination law
Industry topics of the Federal Association of German Discotheques and Dance Companies in Dehoga
Via the General Protection and Security Association