Grundsatzentscheidung Antidiskriminierungsrecht-
-OLG Köln spricht zum dunkelhäutiger 5000 EUR Entschädigung Familie about discrimination in housing on-
The Higher Regional Court (OLG) announced today Cologne on appeal, an appeal by a dark-skinned family, who were disadvantaged in access to housing instead. Previously, the district court of Aachen had dismissed the action. In this landmark decision of the Court of Appeals, the defendant property manager to pay compensation of EUR 5000, - € sentenced . The foundation "life without racism" and the equal treatment Bureau (GBB) Aachen support this claim in order to facilitate future discrimination affected the prosecution.
The action of the family against the discrimination to the Equal Treatment Act was by the district court (LG) Aachen dismissed on the grounds that the property manager is not the correct defendant. It simultaneously denied a right to information regarding the owner of the house. Contrast, the applicants lodged an appeal with the Higher Regional Court of Cologne.
During the hearing before the Court of Appeal, the House administration has allowed the discrimination. The discriminatory behavior of the acting caretaker and the staff of property management expects the Court of Appeal by the defendant after the provisions of the Civil Code (BGB). Unlike the LG Aachen therefore unnecessary to an application of the provisions of the AGG. The judges based the claim on a material breach of the general Personal rights and human dignity from the provisions of the Civil Code. The right to information was declared as completed because the defendant had given notice of the addresses of the owners of.
Although the AGG is not ultimately been used is to assume that the existence of the AGG has improved legal protection against discrimination in principle. Even to this decision, it would be possible before the date of AGG in particular did not come about the amount of compensation awarded. This decision opens up the future people who are disadvantaged in finding housing, better ways to counter this legally. The need
legal assistance by the Foundation is confirmed by this case. Without their support person concerned can exercise their rights only in rare cases, the funds claim.
Aachen, Duisburg 19.01.2010
Contact:
Hartmut Reiners, ARIC-NRW eV, Duisburg (0203 2969499)
Isabel Teller, GBB-Aachen (0241 49000);
life without racism
Foundation PO Box 21 04 36 47 026
Duisburg Tel: 0203 2969499
stiftung@NRWgegenDiskriminierung.de
www.NRWgegenDiskriminierung.de / foundation
patron of the Foundation: Ron Williams
represented on the advisory board
• Anti-racism Information Center, ARIC-NRW eV, Tel: 0203 28 48 73
• Intercultural Solidarity Center Essen eV / Anti-Racism phone Tel: 0201 23 20 60
• Public Against Violence eV, Köln, Tel: 0221 51 01 847
• Education Center Aachen, Tel: 0241 49 00 0
• Planerladen eV, Dortmund Tel: 0231 83 32 25
• ProAsyl / Refugee Food Association Tel: 0201 20 53 9
• Society for Social Work and Culture Südwestfalen eV, Siegen, Tel: 0271 38 78 30
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Foundation "life without racism"
Postfach 21 04 36 47 026
Duisburg Tel: 0203 2969499
stiftung@NRWgegenDiskriminierung.de
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Anti-Racism Information Centre, ARIC-NRW eV
Friedenstr. 11, 47053 Duisburg
Tel: 0203 28 48 73
Fax: 03212-1209067
http://www.aric-nrw.de e-mail: info@aric-nrw.de
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