English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Zendy Pro

Presents the zaia usage as premium feature

ZAIA

Presents AI Discovery search usage as a premium feature

AI Discovery

Presents AI Discovery explain and summary usage as a premium feature

Content Analysis

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Presents the pdf analysis as premium feature

PDF Analysis

1500 Top-up

3000 Top-up

Zendy Basic

2500 Top-up

Zendy Unlimited

Presents the access of premium content as premium feature

Premium Content

This Insight examines a judgment of the Grand Chamber of the Court of Justice in case C507/17, NH v. Associazione Avvocatura per I Diritti LGBTI – Rete Lenford (23 April 2020). In its preliminary ruling, the Court deliberated on whether a statement made by a senior lawyer at an Italian law firm during a media interview, abstractly asserting that he would never hire a gay colleague, constituted direct discrimination in terms of EU law, even though no specific vacancy opening was advertised at the time of the interview. Furthermore, the Court considered whether a local LGBTI organization (an association of lawyers) had standing to bring a lawsuit for damages even though none of its affiliates were applying for a position at the law firm. The case fits the sequel – now forming a “Luxembourg trilogy” – of three judgments of the Court of Justice on similar matters of racist and homophobic speech akin to direct discrimination in the employment context, with judgments in C-54/07 Feryn (10 July 2008) and C-81/12 Asociaţia ACCEPT (25 April 2013) preceding the C-507/17 NH and answering most of NH’s outstanding questions. It remains questionable, therefore, whether the preliminary ruling of the Court of Justice in the NH case was even necessary in terms of the acte clair doctrine or whether this 2020 judgment substantively clarified EU anti-discrimination law.

The NH Case: On the 'Wings of Words' in EU Anti-discrimination Law