The Berlin State Anti-Discrimination Act (LADG) was passed in June 2020 in Berlin. Berlin is the first state to enact a law against discrimination by authorities. The LADG provides representative action in § 9 III LADG.

According to § 9 III LADG, a justifiable association can apply for legal protecting instead of the person who has the right to sue if there is approval. § 10 LADG regulates the preconditions that associations must exhibit to be beneficiary of a group action. The associations will be registered if requested and if they fulfil the preconditions. You can find further information with regard to the preconditions here. The association is not allowed to be involved in the proceeding. Furthermore, all requirements of the proceeding need to exist with regard to the person who has the right to sue.

Although § 9 LADG is classified as a legal anti-discrimination group action, it also includes representative actions. The formulation “instead of the person who has the right of action“ represents that, due to the fact that the association if not going to appear next to the person (assistance) and the association is also not going to appear independently on trial in terms of a violation of a legally protected matter (group action).