After a passenger was racially insulted during a traffic check, the Berliner Verkehrsbetriebe (BVG) had to pay the man 1,000 euros in damages, according to a verdict. The plaintiff is entitled to compensation for pain and suffering “due to violation of his general personality rights,” said a spokeswoman for the Berlin civil courts when asked by the dpa.
The verdict was passed on July 10, but is not yet final. The “Berliner Zeitung” had previously reported.
According to the court, the man was racially insulted in the incident in 2020 by employees of a security company commissioned by the BVG in the subway. They also asked him to “behave in Germany”. The parties had disagreed in court about the exact procedure.
Berlin has anti-discrimination law
The man then sued for compensation and referred to the Berlin Anti-Discrimination Act (LADG). He demanded at least 2000 euros. According to the court, however, the LAGD is not applicable. There is a lack of “public law action” by the defendants and the security company working for them.
When asked, the BVG initially did not want to comment on the verdict and said: “Allegations of discrimination weigh heavily in all cases and are always taken very seriously in our house.” Discrimination and violence would not be tolerated.
According to the report in the “Berliner Zeitung”, the plaintiff is the black opera singer Jeremy Osborne. “It’s incredibly good to know that the judge recognized that the inspectors violated my human dignity,” he told the newspaper.
So far, Berlin is the only federal state that has its own anti-discrimination law. It is intended to protect people in the capital from discrimination by the authorities and enable claims for damages against the state of Berlin.
