Questão jurídica principal
Whether the defendant was an employer under Art. 117 Abs. 1 AuG
Decisão extraída
He was an employer because he provided the club infrastructure, decided which women could enter to work as prostitutes, and thereby maintained a factual employment relationship.
Fundamentação extraída
The Court applied a broad factual employer concept. Weisungsbefugnis was unnecessary. The decisive elements were infrastructure provision, admission control, advertising, and the close functional link between club operation and prostitution.