Comments on the Judgement of the Court of Justice of the European Union of April 29, 2015: Is the Permanent Exclusion of MSM from Giving Blood Compatible with the Directive 2004/33/EC? What Are the Consequences for Blood Donations in Germany?

The Court of Justice of the European Union stated in its judgement of April 29, 2015 in Case C-528/13 (Geoffrey Leger v Ministre des Affaires sociales, de la Sante et des Droits des FEMMES, etablissement francais du sang) [1] that the permanent deferral from blood donation for men who have had sexual relations with another man (MSM) may be justified, having regard to the situation prevailing in the Member State concerned. It must be established whether those persons are at a high risk of acquiring severe infectious diseases, such as HIV, and that there are no effective detection techniques or less onerous methods for ensuring a high level of health protection for recipients. In the following, the legal consequences of this judgement as well as its implications for blood establishments will be discussed, particularly with regard to the situation in Germany.