Case Note- Judgment of theLandgericht Frankfurt (Oder)(Regional Court) of 22 June 2010: Hotelier's Right to Ban Persons from Hotel Premises

Abstract

On 22 June 2010, theLandgericht Frankfurt (Oder)(Regional Court) ruled on whether a hotel was entitled to deny a member of a nationalist party entrance to its establishment because of the individual's political beliefs or whether such discriminatory conduct constituted an illegal violation of the personality right of that person which would constitute a tort under § 823 of theBürgerliches Gesetzbuch(German Civil Code, “BGB”). In making its decision, the Court balanced a property owner's freedom of autonomy, specifically the owner's right to ban a customer from his or her establishment, against the customer's personal rights. Furthermore, the Court considered whether a hotel owner's decision to ban a customer based on his or her political beliefs violated theAllgemeines Gleichbehandlungsgesetz(General Equal Treatment Law, “AGG”). Considering the fundamental question of balancing competing interests, of the personal right of the customer and the right of the property owner, and the national public debate concerning the right of members of nationalistic parties to be treated equally, the case goes beyond the interests of the parties involved and is of general importance.