The Equal Opportunities for Persons with Disabilities Act (BGG) only applies on a federal level. The states have their own regional laws to dispose discrimination against people with disabilities in certain federal states. The right of associations to initiate legal proceedings within the Equal Opportunities for People with Disabilities Act is regulated in § 15 BGG. Therefore, authorized associations can file a suit even though their own rights are not violated or there is no certain affected person. Individual discrimination is not required. A group action only looks toward an ascertainment of an infringement against the act, a regulation of accessibility and a regulation of the use of sign language or other assistance of communication.
Subject and aim of the lawsuit:
§ 15 BGG contains special demands regarding the subject and aim of the lawsuit. A lawsuit is only possible if a public force offends the requirement of accessibility or the regulations of federal law regarding the use sign language or other communication systems. § 1 Ia BGG regulates who are public authorities.
Preconditions of the proceeding:
A lawsuit is only admissible if a measure touches the statutory area of responsibility of the association. As a result, the association has to be active in areas in which problems are settled. Furthermore, associations cannot sue against measures that were already examined by the social or administrative tribunal. An association is generally not allowed to file a suit if a disabled person is able, or would have been able, to defend the rights for themselves. An exception under this condition is possible if the case is of particular significance. This is to affirm if multiple similar cases exist, and an elucidation might clarify that or if the case is relevant for public interest. This is typical within cases regarding accessible railway stations.
Justifiable associations:
According to the AGG, associations need to be acknowledged to file a suit. The recognition occurs through the Federal Ministry of Labour and Social Affairs (BMAS). The advisory council of the claims of people with disabilities suggests the recognition of associations to the BMAS, which the BMAS can grant. The BMAS is not obliged to recognize the associations. Although according to § 15 III BGG, the BMAS should recognize those associations which constantly support rights of people with disabilities on account of their constitution. The associations, including all their members, must have a vocation for representing the interests of people with disabilities at a federal level and must have existed for at least three years at the time of recognition. Further they have to guarantee a proper task fulfilment. The association needs to be free of corporation tax.