Luxembourg / Court of and in the Luxembourg arrondissement (12th chamber) / No. 31604/10/CD
Country
Luxembourg
Title
Year
Decision/ruling/judgment date
Incident(s) concerned/related
Related Bias motivation
Groups affected
Court/Body type
Court/Body
Key facts of the case
Mr S. sent two emails to the Ministry of education inciting racial hatred towards the Portuguese community living in Luxembourg, stating that the Portuguese youth were not ready to integrate. He also threatened the employees of the ministry with a bomb attack if the Portuguese language became part of the national curriculum. Mr S. admitted to this and said he was sorry for his actions, but also that it was caused by his depression.
Main reasoning/argumentation
Mr S. violated article 455 on hatred towards a community on the basis of any factor. He also anonymously threatened an attack on people and property.
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
Mr S. attempted to threaten officials on the grounds of his racial hatred towards the Portuguese community in Luxembourg. He had however no prior convictions, which played in his favour in the sentencing.
Results (sanctions, outcome) and key consequences or implications of the case
Mr S. was sentenced to a penalty of 600€ and 3 months in prison on probation.