The Federal Court of Justice (BGH) ruled that a visually impaired patient cannot claim compensation under the General Equal Treatment Act (AGG) after having her admission to a rehabilitation clinic refused. The court informed the public on Thursday that the clinic had declined admission, citing that the patient’s blindness would generate an additional burden of care.
This ruling affirmed a point of law that had been tested at lower judicial levels. In the past, the patient’s claims for damages and compensation had been unsuccessful because the scope of the AGG was deemed inapplicable, as the admission to a rehab clinic does not qualify as a “mass transaction”. The patient continued her challenge via an appeal (Revision), which also failed.
In its judgment, the BGH clarified that the protection against disadvantage provided by the AGG-when applied to private civil law-does not establish a right to specific adaptive or participatory services against private institutions. The court explicitly stated that such specialized services must remain reserved for public law, particularly in the area of social law, referencing previous precedents regarding participation services.
