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The German General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz, AGG) has been in force for four years now. Academic discussion has so far mainly focused on the scope of anti-discrimination provisions for non-state actors, i.e. on whether there should be private anti-discrimination legislation, what conduct the statute should prohibit, and what exceptions it should allow. In order to fully understand the effects and relevance of anti-discrimination provisions in a legal system, their remedies and sanctions have to be taken into account as well. This article focuses on the remedies provided for in the AGG and, more specifically, on obligations to contract. The issue of whether there is and whether there should be an obligation to contract has – as regards remedies – been the most controversial issue in the academic discussion so far.
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