Facts
[A.] has been paraplegic for twenty years. On October 4, 2008, he went alone to the V. cinema in Geneva to attend a film screening. However, the building housing the cinema, operated by X. Sàrl, is not adapted for people in wheelchairs. [A.] was denied access to the cinema on the basis of the operator's internal safety directives.
The Integration Handicap association filed an action against X. Sàrl, requesting that it be found that [A.] had been treated in a discriminatory manner and that the prohibition imposed by the operating company on persons with physical disabilities from accessing the cinema constituted discriminatory treatment.
The Federal Tribunal dismissed the appeal of Integration Handicap.
Considerations
The Federal Tribunal examines ex officio and freely the admissibility of the appeals submitted to it. Integration Handicap, as an organization assisting persons with disabilities, has standing to bring an action for the establishment of discrimination before the civil courts.
However, the refusal of access to [A.] is not considered discrimination within the meaning of Art. 6 of the Equality for Persons with Disabilities Act (LHand). Although the refusal is based on internal safety directives, it cannot be qualified as "particularly shocking" or…