A form of abolishment of an infringement caused by discrimination can also be the judicially enforced conclusion of a contract, the so-called obligation to contract. In some cases, the disadvantage can only be abolished by the fact that the initially refused contract is concluded and the service is granted. It would be conceivable to impose an obligation to contract when concluding an insurance contract or contracts for services which are available to the general public, such as membership of a sports club.

The law does not exclude compulsory contracting for access to goods and services. The Hagen Local Court, for instance, ordered the conclusion of a failed gym contract in a decision in 2008.

In order to create clarity and to grant the parties concerned an explicit claim regulated by law, the obligation to contract should therefore be laid down by law in Part 3 of the AGG. In its scope of application, civil anti-discrimination protection is mostly applicable to transactions that are available to a broad public, such as bulk businesses and insurance contracts. Personal characteristics are not of importance at all and usually no social relationship similar to an employment relationship is established. Therefore, an obligation to contract is reasonable or proportionate.

However, an exception to the obligation to contract regarding the access to housing seems to make sense, as this would otherwise make it disproportionately difficult to rent out housing.