A ban from a shop: can the owner simply do that?

You are turned out of a shop or given a ban? The owner does have the domestic authority, but especially with shops that are open to everyone there are limits. Arbitrariness and discrimination are not allowed.

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By virtue of the domestic authority, the owner can in principle determine who stays on his premises and can issue a ban. Anyone who stays or returns despite an effective ban can be committing trespass.

With shops open to the general public, however, a ban may not be arbitrary or discriminatory. A ban without a factual reason, or solely because of, for example, origin, gender or disability, can be impermissible (also under the General Equal Treatment Act).

What you should do now

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1. Ask for the reason
Have the reason for the ban stated to you, in writing if possible.
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2. Check the factual basis
Is there a factual reason, or does the ban seem arbitrary/discriminatory?
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3. Object
If you consider it impermissible, object in writing and demand its withdrawal.
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4. In case of discrimination
With a disadvantage on grounds under the AGG there may be claims; involve the anti-discrimination agency if applicable.

Frequently asked questions

May a shop simply give me a ban?

By virtue of the domestic authority, in principle yes; the owner can determine who may enter his premises. With shops open to the general public, however, a ban may not be arbitrary or discriminatory. A ban without a factual reason, or solely because of origin, gender, disability or the like, can be impermissible.

What happens if I come despite a ban?

Anyone who disregards an effective ban and enters the premises nevertheless can be committing trespass (§ 123 StGB). If you consider the ban impermissible, you should not simply ignore it but object in writing and demand its withdrawal; in case of discrimination, the anti-discrimination agency can also help.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.