Proof and Justification of Discrimination Based on Ethnic Origin When Looking for Housing under the German General Act on Equal Treatment (AGG)
by Lisa Katharina Simonis
Question(s) at stake
Whether 1) the civil law prohibition of discrimination on the basis of ethnic origin under Section 19 of the German General Act on Equal Treatment (AGG) already applies in the run-up to the conclusion of a contract; 2) the use of the so-called “testing procedure” is permissible as an indication of unequal treatment in the context of the assessment of evidence; 3) an exception to the prohibition of discrimination to “create and maintain balanced cultural conditions” applies.
Outcome of the ruling
- The civil law prohibition of discrimination on the basis of ethnic origin already applies in the run-up to the conclusion of a contract; 2) the so-called “testing procedure” can be used as an indication in the assessment of evidence; 3) an exception to “create and maintain balanced cultural conditions” does not apply, since it is only possible in the case of “positive measures” if interpreted in accordance with the relevant EU Directives.
Country:
Official citation
Local Court Hamburg-Barmbek, Judgment of 3 February 2017, 811b C 273/15 (AG Hamburg-Barmbek, Urteil vom 3. Februar 2017, 811b C 273/15)
Topic(s)
Keywords:
Landlords Tenants Compensation / Damages Non-discrimination Race, colour and ethnic origin
Tag(s):
Turkish Social housing Unequal treatment “Testing procedure” Balanced cultural conditions EU-Directive 2000/43/EC EU-2004/113/EC
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Lisa Katharina Simonis (Max Planck Institute for Social Anthropology, Department Law and Anthropology, Germany)
Lisa Simonis is a PhD Candidate at the Max Planck Institute for Social Anthropology, affiliated with the research group ‘Transformations in Private Law: Culture, Climate, and Technology’, led by Prof Dr Mareike Schmidt. She completed her law studies at the University of Münster and the University of Helsinki and passed the first state examination in law. Her current research focuses on the influence of perceptions of normality in German residential tenancy law. To this end, qualitative methods from anthropology will be used to investigate how these perceptions become visible in tenancy law processes and how this influences the application of the law in individual cases.