On December 20, 2009 the plaintiff went to the defendant’s discotheque with three other persons. One of them could enter the nightclub, but the plaintiff was immediately denied entry. He believed that it was on account of his skin colour.

The defendant claimed that the plaintiff was not denied entry on grounds of the colour of his skin, but because his outfit did not meet the requirements of the “premium club”. The plaintiff was supposedly dressed in a “hip-hop style”, which does not constitute the target group of the nightclub.
However, the witnesses unanimously testified that the plaintiff was smartly dressed, and not dressed in a “hip-hop style” as the defendant claimed. The court reached the conclusion that the plaintiff was denied entry not only because of his outfit, but also on account of the colour of his skin.

In its judgement the District Court imposed a fine of 300 €.