Kuwait Airways can refuse service to Israelis, German court rules

Passenger's lawyer says decision is 'capitulating to anti-Semitic discrimination'

A German court ruled Kuwait Airway's decision was not illegal (Getty Images) (Getty Images)

Kuwait Airways is not obliged to transport Israeli passengers, a German court has ruled.

The verdict - delivered over a case in which the airline cancelled a passenger's ticket - has led to accusations of anti-Semitism.

The passenger, known only as Adar M, was travelling from Frankfurt to Bangkok when Kuwait Airways cancelled his ticket. But the court, in Frankfurt, ruled that the airline was merely respecting Kuwaiti law, and that it would have faced legal repercussions in its home country had it flown him to his destination.

As reported in Die Welt this week, German law covers discrimination based on race, ethnicity or religion, but not nationality. As of 2006, the law stipulates: "With effect as of 18th August 2006 the German General Equal Treatment Act (AGG) came into force. Objective of the law is to provide comprehensive protection against discrimination on the basis of race and ethnic origin, gender, religion or belief, disability, age or sexual orientation."

The court added that it wasn't charged with deciding whether the law made sense, rather that it was unreasonable for the airline to "“fulfill a contract if it commits a violation of the law of its own state and therefore expects to be punished there.” It said it could not take a stance on Kuwaiti law.

A 1964 law bars Kuwait from recognising Israel (Getty Images/iStockphoto)

The passenger had booked a flight travelling from Frankfurt to Bangkok, with a stop over in Kuwaiti capital, Kuwait City. However, after discovering that he was travelling on an Israeli passport, the airline cancelled the man's booking and offered to rebook him with another airline. Refusing, Adar M later sued the airline for discrimination.

Kuwaiti nationals are not allowed close contact with Israelis due to a 1964 law which prohibits agreements between the two nations and precludes recognition of Israel, as reported in AP. 19 of the 21 Arab League members don't fully recognise the Israeli state, with the exceptions of neighbouring Jordan and Egypt.

In response to the ruling, the passenger's lawyer told the Jewish Chronicle: "the statement by the court that my client was supposed to accept transportation on other airlines is nothing more than capitulating to anti-Semitic discrimination by Kuwait Airways.”

Gelbert said he and his client intend to appeal the verdict, calling the ruling: “shameful for democracy and for Germany in general,” a sentiment echoed by Germany’s Central Council of Jews. The council criticised the decision, saying it was: “unbearable that a foreign company operating based on deeply anti-Semitic national laws is allowed to be active in Germany."

In 2015, the US government ruled that Kuwait Airways had violated American law after an Israeli citizen was denied travel between New York and London. The airline subsequently dropped the route rather than alter its policy.