Compensation of € 800 for racist discrimination

Alert DateMarch 30, 2007 Country: Austria Address: Vienna General Type: Racist violence, Discrimination Racism and discrimination phenomena: Anti-migrant/xenophobia, Nationalism
Groups affected / Interested in: Migrants Key socio-economic/institutional areas: Daily life
Victims Data
Victims Nationality/Ethnic Origin N/A
Victims Gender Female
Victims Age N/A
Victims Number 1
Fatalities - deaths N/A
Perpetrators Data
Perpetrators Nationality/Ethnic Origin N/A
Perpetrator Gender N/A
Perpetrator Age N/A
Perpetrators Number 1
Extremist/Organised Group Violence No

On March 30th, 2007 a Viennese appeal court awarded damages of € 800 to a woman who had been violently kicked out of a clothes shop by a shop assistant shouting: “We do not sell to foreigners”. The court approved the findings of the first instance court except for the amount of the awarded damages that had amounted to € 400. The appeal court argued that, considering the facts of the case (the denial to sell to the woman together with the violent behaviour), the damages must go beyond € 400 which is the minimum compensation for immaterial damages in the case of harassment prescribed in the Equal Treatment Act, and found € 800 to be appropriate.

Source: Austria / Vienna Regional Court for Civil Law Matters / GZ 35 R 68/07w, 35 R 104/07i, (2007-03-30)
http://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Justiz&Dokumentnummer=JJT_20070330_LG00003_03500R00068_07W0000_000 (date of access: 2011-09-29)