Before the commencement of a law suit

The legal enforcement of rights is often complicated, due to evidence and costs amongst other issues. For this reason, other avenues should first be exhausted.

Written complaint: Please advise the culpable person, location and / or his or her superior preferably by registered letter with acknowledgment of receipt why you feel discriminated against and that you want to assert the claims of the AGG.

Enlist support: Speak to your family and friends about the discrimination you experienced. In doing so, you can secure recourse for the legal proceedings.

Find a counselling centre:  Visit a counselling centre before you go to court. It can be helpful for example in the formulation of a written complaint, in out-of-court conciliation procedures, and also in the search for lawyers.

Before you bring an action against discrimination in civil law/service sector in North Rhine-Westphalia, you must carry out a conciliation procedure. The local arbitration court in the district, where the applicant has got his or her residence or in case of a company its company headquarters lie, is responsible for such conciliation procedures. The addresses of the respective arbitrators in North Rhine-Westphalia can be found at: Counselling Centres, or www.streitschlichtung.nrw.de; www.justiz.nrw.de. The cost of a conciliation procedure ranges between 10 Euro to 25 Euro and in exceptional cases up to 40.Euro

Besides North Rhine-Westphalia, corresponding laws in Bavaria and Schleswig-Holstein stipulate a conciliation procedure prior to a lawsuit.

(information brochure for Bavaria)

(similar information for Schleswig-Holstein)

 

Checklist

How should I behave when I am being discriminated against?

Keep calm and level-headed!

  • Don’t allow yourself to be provoked
  • Ascertain whether there are witnesses
  • Write down exactly what happened

Demand Your Rights Immediately!

  • What claims am I entitled to make?

The lodgement of the Lawsuit

  • Avail yourself of legal advice
  • Organise support

More