Case C-507/18 NH v Associazione Avvocatura per i diritti LGBTI – Rete Lenford: Homophobic speech and EU anti-discrimination law
| DOI | 10.1177/1023263X20946535 |
| Published date | 01 August 2020 |
| Date | 01 August 2020 |
| Subject Matter | Case Notes |
Case Note
Case C-507/18 NH v
Associazione Avvocatura per
i diritti LGBTI – Rete Lenford:
Homophobic speech and EU
anti-discrimination law
Alina Tryfonidou*
Abstract
In the NH case – which can be characterised as a sequel to the Asociat¸ia Accept ruling delivered in
2013 – the Court of Justice of the European Union was confronted, once more, with an incident of
homophobic speech.In this case, like in Asociat¸ia Accept, the Court was asked to interpret Directive
2000/78 and to examine the terms in which it can prohibit homophobic speech in the area of
employment. Although the ruling in NH is not particularly ground-breaking given that it mostly
affirms the principles established in Asociat¸ia Accept, it nonetheless offers useful clarifications. This
note will, therefore, present the facts of the case and the Court’s ruling and will then explore its
importance, whileconsidering whether the Court has missed an opportunity to do moreto protect
lesbian, gay, and bisexual persons from homophobic speech in the area of employment.
Keywords
EU law, LGB rights, discrimination based on sexual orientation, homophobic speech, Directive
2000/78
1. Introduction
In the NH case
1
– which can be characterised as a sequel to the Asociat¸ia Accept ruling delivered in
2013
2
– the Court of Justice of the European Union (hereinafter ‘CJEU’ or ‘the Court’) was
* University of Reading, UK
Corresponding author:
Alina Tryfonidou, University of Reading, School of Law, Foxhill House, Shinfield Road, Whiteknights, Reading RG6 6EP, UK.
E-mail: a.tryfonidou@reading.ac.uk
Maastricht Journal of European and
Comparative Law
2020, Vol. 27(4) 513–521
ªThe Author(s) 2020
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DOI: 10.1177/1023263X20946535
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