Case C-414/16, Evangelisches Werk für Diakonie und Entwicklung – bigotry seeks law’s blessing

Imagine if the gist of a job advert was: ‘Temporary assistant wanted for our church anti-race discrimination project! Only Christians devoted to our mission need apply’. Such a bigoted advert would discriminate on grounds of religion directly against non-Christians, and indirectly against Christians unable to accept that particular church’s mission but would the advert be illegal for the purposes of EU law? More

Case C-426/16, Liga van Moskeeën – ritual killing

Belgian Muslims ritually kill sheep and lambs for the Islamic Festival of Sacrifice. Ritual suggests that these animals be slaughtered without anaesthetic or first being stunned. This contradicts general Belgian and EU animal welfare law. However, Belgian law has an exception for a ritual killing. A ritual killing will be allowed if it happens in State-recognised slaughterhouses. The problem is that in Flanders these cannot cope with the demand. Consequently, temporary slaughterhouses are being used, and extra costs are being incurred by Flemish Muslims and mosques. Therefore, the legal question is whether this situation is compatible with legal obligations to protect freedom of religion. More

Case C-451/16, MB – trans pension discrimination

Under old UK law, a married trans person who after surgery refused to have their marriage annulled would not be granted a certificate which, inter alia, would entitle them to a pension at the age of their acquired legal gender. Is that legal situation compatible with the ban on discrimination in the EU’s ‘equal treatment in social security’ Directive 79/7? More

Case C-143/16, Abercrombie and Fitch – Italy’s labour law for the under 25’s

Italian law permits a person under 25 to be employed on an ‘on-call’ or ‘zero-hours’ employment contract. In this case, the employer employed a young man for ‘on-call’ shop work. The employer then got rid of him when he turned 25. This left the worker without a job and the feeling that he had been discriminated against on grounds of his age. Since the EU Charter bans discrimination, the question is whether this plank of Italian labour law is compatible with the EU Charter. More

Case C-112/16, Persidera – access to Italian broadcasting frequencies

Perisdera is an Italian broadcasting company. However, it has had difficulties accessing Italy’s radio frequencies. It is a story common to other broadcasters trying to access the Italian market; indeed, there is already preliminary reference about this problem pending at the CJEU, Case C-560/15, Europa Way. This fresh preliminary reference adds a further couple of legal questions. More