The Federal Court of Justice (BGH) has ruled that a visually impaired patient cannot claim compensation under the General Equal Treatment Act (AGG) after being denied admission to a rehabilitation clinic. The BGH reported this decision on Thursday.
The clinic had initially refused admission due to the assumption that the patient’s blindness would necessitate additional care resources. The patient had already pursued a lawsuit for damages and compensation at earlier levels, but these claims were unsuccessful. The courts previously determined that the General Equal Treatment Act was not applicable, as admission to a rehab clinic does not constitute a mass transaction.
Despite this, the claimant continued her appeal through a revision process, which also failed.
The BGH clarified that the anti-discrimination protection provided by the AGG within the realm of civil law does not establish a right to special adjustment or participation services against private providers. Instead, these specific types of services must remain reserved for public law, particularly social law-an principle affirmed by the court’s ruling (citing a relevant precedent regarding participation services in social law).