Case C-507/18 NH v Associazione Avvocatura per i diritti LGBTI - Rete Lenford: homophobic speech and EU anti-discrimination law

Abstract

In the NH case – which can be characterised as a sequel to the Asociaţia 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 Asociaţia 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 Asociaţia 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, while considering whether the Court has missed an opportunity to do more to protect lesbian, gay, and bisexual persons from homophobic speech in the area of employment.