Accessibility in the restaurant: court judges discrimination!

Accessibility in the restaurant: court judges discrimination!

Wien, Österreich - On May 21, 2025, the regional court for civil laws Vienna announced a pioneering judgment that addresses the discrimination against people with disabilities in the catering trade. The lawsuit, supported by the Klagsverband, faced a renowned three-star restaurant, whose lack of accessibility had serious consequences for wheelchair users. In this context, Theresa Hammer, Managing Director of the Klagsverband, underlined the urgency of accessibility as a fundamental human right.

Hans-Jürgen Groß, a wheelchair user and president of the Öziv-Burgenland, was forced to cancel a visit to the restaurant in January 2023 because the toilet facilities were not barrier-free. Access to these was only possible over three stages, a mobile ramp or handle was missing, regardless of the discrimination against him, but also his wife, Bianca Groß. The court decided in favor of the plaintiffs and spoke Hans-Jürgen Groß a compensation of 1,000 euros, his wife 700 euros.

Legal judgment and signal effect

The judgment makes it clear that both wheelchair users and their accompanying persons have the right to access and participate. It sends a strong signal for the equality of people with disabilities and confirms that accessibility is not an optional additional offer, but is required by law. The court dismissed the revision of Mario Plachutta Ges.m.b.H. Back that had been called against the judgment and whose objections were rejected, including due to structural conditions and monument protection.

As early as October 2022, the ORF program "Citizens' Attorney" dealt with the case between Groß and the Nobelrestaurant. The court ordered that Plachutta had been obliged to offer a barrier -free toilet since January 1, 2016. The current judgment illustrates the reform requirement in the Federal Disability Equality Act, which currently only provides for damages, but does not impose any obligation to set up barrier -free toilets.

protection against discrimination and future challenges

In order to prevent long -term discrimination, the claim for removal was considered necessary. This topic is part of a broader discourse on the protection of discrimination for people with disabilities, which is covered by the General Equal Treatment Act (AGG). This law protects against discrimination in various areas of life and was first put into force in August 2006.

The expansion of the protection of discrimination is required because many affected difficulties have difficulty enforcing their rights. The creation and strengthening of anti -discrimination sites could help change this problem, as well as recommendations from the German Institute for Human Rights. At the same time, such structural improvements should also be made in the catering and other service industries to create an environment that is accessible to all people, regardless of their physical skills

Overall, the judgment of the state court shows growing awareness of the rights of people with disabilities and encourages gastronomy businesses to implement urgently needed changes. These developments are important for the creation of an inclusive society in which everyone has the same rights and possibilities.

For more information on this topic, please read at OTS Institute for Human Rights .