A healthcare group in Alkmaar did not discriminate by refusing to accept a volunteer who is hiv positive, a Dutch court ruled on Thursday.

The public prosecution department had asked the court to order the respite care foundation Respijtzorg Alkmaar to pay €500 to the Aids fund charity, a €500 fine and €900 compensation to Gerrit Tholenaars for discriminating against him.

However, the court ruled Tholenaars’ illness has not limited his health sufficiently to be regarded as a handicap. This would be required in law to qualify for a discrimination claim, judges said.

In addition, there was no evidence the care centre had treated Tholenaars as if he was scary or dangerous as claimed, the court statement said.

The Dutch human rights council earlier ruled Tholenaars had been discriminated against.

Tholenaars revealed his hiv positive status to the foundation when asked why he was claiming invalidity benefits. He was diagnosed with hiv 20 years ago.