Karlsruhe judges dismiss a complaint by a man who had to stay outside at a party
A dance evening for seniors only, the over-30s party or a music event just for the young generation – is that still allowed? Or is it already age discrimination? The Federal Court of Justice in Karlsruhe ruled on Wednesday: This is allowed – and it answers difficult questions.
The occasion was the “Isarrauschen” festival in Munich, where young people dance the night away to electronic music. In August 2017, a then 44-year-old was turned away at the entrance control because he was too old. That had an aftermath: he demanded 1,000 euros in damages, which was age discrimination.
The basis of his action was the General Equal Opportunities Act, abbreviated to AGG, of 2006. This also forbids private individuals to discriminate against people on “grounds of race or ethnic origin, gender, religion, disability, age or sexual identity” . Exactly, said the plaintiff to himself, he had been exposed to age discrimination and that required compensation. Because that is also provided for in the AGG, whoever has been disadvantaged “can demand appropriate compensation in money.”
To make it short: The middle-ager’s action was dismissed in all instances, now also legally binding by the BGH. How so? The law is by no means as clear as it first appears. Only those who operate a mass business in which “the reputation of the person is of secondary importance” may not exclude people in a discriminatory manner. A department store or a swimming pool are considered to be mass stores.
According to the BGH, a dance or music event may, however, be aimed at a specific audience. The organizer must be allowed to do so. He has a factual reason, so to speak, to differentiate according to age. At the hearing two months ago, an example was given: For example, seniors could feel completely ridiculed when teenagers come to their dance party. It can also jeopardize the success of an electronic music event if older people romp around in the party scene.
But where is the limit? Can the Bundesliga now only allow young people? The BGH now named some standards: In the case of publicly accessible concerts, cinema presentations, theater or sporting events, it is usually not important to the organizer who receives the service. “That is what sets them apart from party-event events like this one,” said the reasoning for the judgment. There, the community experience of the visitors is formative, which is why the composition of the group of visitors can be important. (AZ: VII ZR 78/20)
Incidentally, this is not the first time that the anti-discrimination law has preoccupied the courts. The labor courts, in particular, have often dealt with him. There it was, for example, about collective bargaining agreements, according to which older colleagues have more vacation than younger ones. Is basically permissible because older people have a higher need for relaxation. But if the additional vacation days already apply to 40-year-olds, this is not justified.
