An Israeli citizen attempted to book a flight with Kuwait Airways to travel from Frankfurt to Bangkok. When the airline found out the passenger would be traveling on an Israeli passport, it immediately canceled and offered to rebook him with another company, according to RT.
The passenger refused and sued for discrimination. But on Thursday, a German court ruled against the traveler, arguing that German law does not make discrimination illegal based on nationality; just based on race, ethnicity, and religion.
According to the court's ruling, the airline's decision was justified, as it would face repercussions at home for doing business with an Israeli.
It is illegal for Kuwaitis and Kuwaiti companies to conduct business with Israelis, as they are citizens of a state that the country does not legally recognize. Furthermore, the flight would have had a stopover in Kuwait, which would have potentially caused difficulties for the passenger.
The German court's ruling did not say that it agreed with Kuwaiti law, but it recognized that the foreign company is beholden to its national laws.
Nathan Gelbert, the defendant's lawyer, said the airline's move is "antisemitic," and blasted the court's decision, calling it "an embarrassing ruling for democracy and for Germany," according to the ABC News.
However, this isn't actually the first time Kuwait Airways has faced such a problem.
Back in 2015, an Israeli citizen made a similar complaint in the United States, after the airline refused to book him on a flight from New York to London. In that case, the U.S. ruled in favor of the passenger.
In response to the case, Kuwait Airway's attorneys pointed out that the airline does not discriminate based on race, ethnicity or religion. It merely blocks nationals of countries not recognized or banned by Kuwaiti law.
The lawyers pointed out that the U.S. has long done the same thing with certain foreign nations, such as North Korea, according to the New York Times.
Regardless of the German ruling and Kuwait Airways defense, the passenger's lawyer has promised to appeal the case.
Germany's Central Council of Jews also condemned the ruling, saying that it's "unbearable" that the Kuwaiti company is allowed to continue to operate in the country.
Frankfurt's mayor also criticized the court ruling.
"An airline that practices discrimination and anti-Semitism by refusing to fly Israeli passengers should not be allowed to take off or land in Frankfurt, or at any other airport in Germany," he said, according to DW.
But as the airline pointed out, it's decision has nothing to do with religion or race, only the passenger's unrecognized nationality. Christians or Muslims with Israeli passports would face the same restriction.
