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Germany’s ‘fisher king’ contest should be open to women, court rules

An Allgäu woman has won a significant court battle in her fight to partake in the town's annual Fisher's Day festival alongside men. Will it affect other clubs around Germany?

Published: 29 July 2021 10:55 CEST

Germany's 'fisher king' contest should be open to women, court rules

Men compete in the Fisher's Day festivities on July 20th 2019. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

For years, Christine Renz was one of thousands of spectators standing on the sidelines as men hopped into the local stream of Memmingen, Bavaria, and battled to catch the biggest trout.

According to her own club – the Fisher’s Day Association – women aren’t allowed to compete for the coveted title of Fisher King in the annual festival because they would be putting local traditions in jeopardy.

But Renz’s longstanding battle against the association has now been supported by the Memmingen district court, which has overruled an appeal by the association to protect their right to ‘men only’ fishing.

Now, the case could have far-reaching ramifications for other ‘male-only’ traditions across Germany.

In his ruling on Wednesday, judge Konrad Beß said that the “special rights” outlined for male members in the association’s statutes are “no longer justified” by the argument of protection tradition.

In principle, clubs are free to set their own rules for taking part in events – but, according to the court, if they treat members differently, this has to be justified by the purpose of the organisation. The custom of fishing in Memmingen is, however, “not an absolutely faithful replica” of a historical event.

That means women can participate without endangering regional customs and values, Beß said.

Fisher’s Day ‘five hundred years old’

Every summer on Fisher’s Day, participants jump into the Memminger Stadtbach (the local stream) and fetch trout out of the water with giant nets.

Whoever catches the biggest fish is crowned the Fishing King. According to the association, this tradition can be traced back to the 16th century, when the stream was fished once year to clean the waters. Women have been excluded from this by statute since 1931.

Jürgen Ziegler, the 2018 Fisher King, sits on his throne. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

What does this mean for equality?

The judgment of the Memmingen district court could set a precedent for women’s participation in other male-only traditions in Germany.

The ruling went “beyond the individual case” to be “of particular importance for the general public,” he said.

The first chairman of the Fisher’s Day Association, Michael Ruppert, was dismayed at the ruling. “This is a day that could affect many, many clubs all over Germany,” he said, adding that it was “a shame that club autonomy was not put in the foreground”.

Following the judgement, the Bavarian State Association for the Fostering of Regional Traditions called for a calmer debate on the issue. The assumption that customs would or should not change is a historical misunderstanding, said a spokesperson for the Department for Customs, Costume, Language, Michael Ritter.

“We just have to recognise that there is no loss in change, but rather a gain,” he said.

‘Memmingen Fisher’s Day will change’

However, the ruling on Wednesday is not yet a final decision as to whether women are allowed to participate equally at the Fisherman’s Day in Memmingen.

Due to the significance of the case, the regional court has allowed the possibility of an appeal at the Federal Court of Justice in Karlsruhe. Having already lost its first appeal at the district court, the Fisher’s Day Association will decide whether to take this step at a delegates’ meeting on Thursday.

Christiane Renz, the complainant against the Fisher’s Day rules, says she’s ready for next year’s event. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

But Memmingen’s Mayor Manfred Schilder (CSU) emphasised on Wednesday that the judgment of the regional court was clear.

“It is now a matter of organising Fisher’s Day accordingly,” he said. “Our home festival, the Memmingen Fisher’s Day, will change”

Renz, meanwhile, is already anticipating submerging her feet in the water of the stream at the next Fisher’s Day.

“The shoes are ready,” she said. “I’ll be at the stream on time to jump in.”

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10 essential tips for avoiding rental scams in Germany

When it comes to settling in Germany, one of the most stressful and difficult tasks you’re likely to face is finding a place to live.

With the country in the grip of an ever-worsening housing shortage, there aren’t enough rental properties to meet the high demand – especially in big cities like Berlin, Munich and Frankfurt – and the flats that are available can often stretch even the most healthy of budgets.

With renters desperate to find affordable homes, crafty scammers have seized the chance to place fake ads on the market, often in dream locations with lower-than-average rents.

While some of these scams may be easy to spot, others can be highly sophisticated, with fraudsters setting up professional-looking websites and even allowing hopeful tenants to view their properties in person.

Recently The Local reported on a Polish couple who lost around €7,000 through a rental scam in Berlin. The scammers had sublet a beautiful Altbau apartment in the popular district of Neukölln and created an advert for it via a fake letting agent website, then arranged for people to use a key box to view the property while the real tenants were away.

Despite checking the contract over with legal experts from their local tenants’ association, nobody saw anything out of the ordinary – that is, until they tried to access the apartment and found a family already living there.

So, how do you protect your hard-earned savings and steer clear of scammers while looking for a new home?

Here are 10 important ways to protect yourself from rental scams.

1. Be alert to suspicious signs

The key to avoiding scammers in Germany is to be fully clued up on the warning signs. Was the listing for the property uploaded in the middle of the night, is the advert thin on details or written in bad German or English, and does the offer feel too good to be true?

Though it would be nice to believe there are still cheap flats to be found, finding an attractive property at an overly reasonable price is usually a red flag.

Hamburg

Modern apartments in Hamburg. Photo: picture alliance/dpa | Daniel Bockwoldt

If someone claiming to be a landlord contacts you out of the blue, that’s also your cue to run a mile. With so many people looking for housing, most letting agents and landlords will have more than people looking to rent their properties without needing to get in touch with people themselves. Anyone who does is more than likely to be a scammer.

2. Rule out landlords who say they live abroad

One of the major warning signs to look out for is a landlord who claims to be renting the property from abroad, or who says they are out of the country for other reasons, like a last-minute business trip.

That’s usually a scammer’s way of excusing the fact that they won’t be able to meet you personally or even show you the property before you rent it.

“When the country the landlord lives in appears then I would say there’s a really big chance this is a scam,” said Kuba Rudzinski, one of the victims of the Berlin-Neukölln rental fraud.

Even if the excuse seems plausible, your best bet is to ignore anyone who tries to sell you a story about living abroad and simply move on with your house hunt.

3. Do your research online

Before committing to anything, take time to do some thorough research to scope out the property, landlord and letting agent.

Running the pictures and text used in apartment listings through a search engine like Google will help you quickly identify stock photos and text stolen from other listings. For pictures, this is known as a reverse image search.

A laptop

Photo by 2H Media on Unsplash

It’s also worth checking that any websites you’re sent to are fully functional and not copies of other letting agent sites, and that any email addresses match the website domain.

4. Visit the property and ask around

Never agree to rent a property without seeing it in person first. Arrange a viewing and take the opportunity to ask questions about the property and the neighbourhood.

Kuba also recommends speaking with the neighbours in the building to check if the property is genuinely being rented.

“Go to the place before and ask the neighbours, is this flat really for rent? Because these people generally know,” he said. “You’ll need to convince yourself to do it of course, but just ask in the building, ask on the floor where the flat is.”

5. Don’t transfer the full deposit in advance

Advance payments for anything, whether it’s furniture, a deposit or getting a chance to view the property, should be considered a major red flag.

Under German law, you are usually only expected to pay the deposit by the start of the agreed rental contract – and certainly not several months in advance.

Euro notes lie next to some house keys on a table.

Euro notes lie next to some house keys on a table. Photo: picture alliance/dpa/dpa-tmn | Andrea Warnecke

You are also legally entitled to pay your three months’ deposit in three instalments on top of your first three months’ rent after moving in, so definitely be cautious of landlords that place pressure on you to transfer a large lump sum.

If you’re really concerned, look into alternatives for paying your deposit, such as Kautionversicherung (deposit insurance) or a Mietkautionssparbuch, where you open a bank account and pledge the amount to the landlord, rather than transferring the money directly.

6. Insist on meeting the landlord or letting agent in person

If a landlord or letting agent refuses to meet you in person or insists on conducting all communication online, they’re probably not who they say they are.

Insist on meeting face-to-face to verify their identity and ensure they have a legitimate connection to the property.

7. Avoid sending documents straight away

Not all rental scams are about getting money from you directly: many scammers are simply after your personal details for the purposes of identity theft.

Be wary of providing personal documents or sensitive information before you’ve verified the legitimacy of the rental agreement, especially when it comes to things like passport scans or other forms of ID.

8. Seek legal advice from experts

If you’re unsure about any aspect of the rental agreement or if something seems suspicious, seek advice from legal experts or tenants’ associations.

However, be aware that this isn’t always a cast-iron guarantee that a tenancy is legitmate. Over the past few years, fraudsters have become increasingly sophisticated, even down to producing water-tight rental contracts for would-be tenants.

An estate agent hands over keys to an apartment. Photo: picture alliance/dpa/dpa-tmn | Christin Klose

According to civil lawyer Emilia Tintelnot, becoming a member of a tenants’ association can be a good way to get affordable legal advice, and it can also be helpful to set up legal insurance to ensure you can access help when you need it without having to pay lawyers’ fees up front.

9. Be wary of stereotypes

Avoid making assumptions based on stereotypes or preconceived notions about someone’s gender or nationality, as this may cause you to overlook things you might otherwise see as warning signs.

In Kuba’s case, the fact that the fraudsters were German made them appear more legitimate in his eyes, as Polish people tend to see Germans as law-abiding and trustworthy.

Be aware that scammers can come from any cultural background and may use a variety of tactics to deceive unsuspecting renters.

10. Keep an extensive paper trail

Document all communication, agreements, and transactions related to the rental process, including phone numbers and any bank details provided.

According to the Berlin police, this type of evidence can be crucial for an investigation if you do suspect a scammer.

While evidence can differ across cases, “pictures, contact details used by the perpetrators, original documents, bank details with payment receipts” are particularly helpful for investigators, and could help the police stop the scammers for good.

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