Access to music festival denied for reasons of age

Icon: enlarge

Federal Court of Justice in Karlsruhe (archive picture): »A comparatively simple matter in life and yet many questions«

Photo: Uli Deck / dpa

The Federal Court of Justice (BGH) must clarify the question of whether someone can be excluded from a party for reasons of age - or whether it is discriminated against.

During the trial in Karlsruhe on Thursday, it became clear that there are many aspects to be considered, such as the size of the event or economic concepts, but also the comparability with other cases of discrimination, for example in relation to ethnic origin, religion or gender.

The presiding judge summarized it with the words: "A comparatively simple

matter of fact

and yet many questions." The seventh civil

senate

wants to announce a decision on May 5th (

Az. VII ZR 78/20)

.

The trigger is the lawsuit of a man who, in the summer of 2017, was denied access to an open-air music event in Munich by inspectors because, in their opinion, he looked too old.

For the electrofestival "Isarrauschen" the organizer had a young target audience between 18 and 28 in mind.

He instructed the bouncers to turn away people who did not fit the target group.

There was no strict age limit, the staff should decide based on the visual impression.

The then 44-year-old and his 36 and 46-year-old companions had to stay outside.

The man demands 1000 euros in compensation and refers to the General Equal Treatment Act (AGG).

"We are still looking for the yardstick."

Presiding judge

He was unsuccessful in the Munich courts.

The event was not intended for a general audience, but was intended for younger people who should also be dressed as "party goers".

The District Court of Munich I, however, allowed the appeal to the BGH because there were no guidelines for interpreting the AGG regulations.

Lawyer: Age in a row with origin and religion

The plaintiff's lawyer emphasized on Thursday in front of the BGH that the law mentions age in a row, including origin and religion - therefore one cannot weight differently here.

The representative of the organizers argued that organizers must be able to select the audience for economic success.

Should the BGH assume age discrimination in the present case, about 30+ parties should still take place from the point of view of both lawyers.

The organizers would then have to accept that people outside the target group will also celebrate.

According to the Senate, a crucial issue could be how many people attend an event.

In this case, the maximum number was 1500. The question is, from which brand such parties count as mass business within the meaning of the AGG.

"We're still looking for the yardstick," said the presiding judge.

He pointed out that the case law in similar cases as for a hotel that excluded children under the age of 16, or for scholarships for highly gifted students so far does not contain a number.

Icon: The mirror

wit / dpa / AFP