The EU directives relevant to the AGG stipulate that violations of the prohibition of discrimination must be punishable by "effective, proportionate and dissuasive" sanctions. The concrete implementation of these sanctions is up to the Member States. The German legislator has decided to introduce a civil law claim for damages and compensation as a central form of sanction in §§ 15 and 21 AGG.

Regarding the claims, there is a need for change from of European law and a substantial point of view.

§ 21 (1) and (2) AGG regulate claims for damages and compensation arising from a person that suffered discrimination in civil legal relations. Similar deficits to the claims under labour law under § 15 AGG are observable here. The fault requirement in the context of a claim for damages violates European legal provisions (internal link: 1.2.5.2 Violation of European Law in § 15 (1) and (3) and § 21 (2) s. 2 AGG). The deadline for assertion of claims of only two months, is too short. In addition, the requirements for the assessment of sanctions should be adapted to European legal standards. § 21 (1) AGG also provides for a right to abolishment or forbearance of discrimination. For example, an operator of a nightclub can be sentenced to refrain from refusing entry to persons solely on the basis of their (alleged) ethnic affiliation.

The judicially obtained conclusion of a contract, the so-called obligation to contract can be considered as a form of abolishment. In most cases, the disadvantage can only be abolished if the initially refused contract is concluded and the service is granted. This would be appropriate, for example, in the case of an insurance contract or an application for membership of a sports studio.