Cases and rulings

This database section allows to search here for international, European and national case law and rulings as well as decisions by courts, and decisions, reports, findings by human rights or equality bodies and organisations, relating to hate crime and incitement to hate speech, hate crime and discrimination against Muslims.

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LuxembourgLuxembourg The Court of and in the Luxembourg arrondissement, 12th chamber (Le Tribunal d’arrondissement de et à Luxembourg, douzième chambre) 2012 Luxembourg / Court of and in the Luxembourg arrondissement (12th chamber) / No. 31604/10/CD Nationality Migrants 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. View more
LuxembourgLuxembourg Luxembourg District Court (Tribunal d'arrondissement) 2013 Luxembourg / District Court / Case no. 577/2013 / Judgement / The Public Prosecutor v. A, B, C, D Religion, Ethnic origin Refugees & asylum seekers, Muslims This case differs from the general case law regarding incitement to hatred. The case concerns a defendant with a link to the extreme right movement who deliberately created a fake alias on a social media platform, pretending to be a foreigner attacking Luxembourg. He published threats and hate comments against Luxembourgish people, nation and language, with the aim to provoke a negative reaction and to incite hatred against foreigners and migrants. View more
LuxembourgLuxembourg The Court of and in the Luxembourg arrondissement, court of first instance 16th chamber (Le Tribunal d’arrondissement de et à Luxembourg, seizième chambre correctionnelle) 2013 Luxembourg / Court of and in the Luxembourg arrondissement, court of first instance (16th chamber) / no. 17461/12/CD Nationality, Ethnic origin Refugees & asylum seekers When RTL announced on its website that the Kehlen local authority would build a house for refugees, this led to a racial outburst on Facebook by Mrs G., Mr H., Mr I. And Mrs J. claiming that ‘they’ received everything and ‘we’ received nothing, even wishing the return of a Hitler-like persona, who would cleanse the country. View more
LuxembourgLuxembourg Luxembourg District Court (Tribunal d'arrondissement) 2015 Luxembourg / District Court (13th Chamber) / Case no. 1448/2015 / Judgment / The Public Prosecutor v. X Nationality, Ethnic origin Foreigners, Migrants This case differs from the more "typical" case law regarding incitement to hatred, in that it concerns a defendant with links to the extreme right who deliberately created a fake alias on a social media platform pretending to be a foreigner attacking Luxembourg. He published threats and hate comments against the Luxembourgish people, nation and language, with the aim of provoking a negative reaction and inciting hatred against foreigners and migrants. View more
LuxembourgLuxembourg Luxembourg Court of Appeal (Cour d'appel) 2016 Luxembourg / Court of Appeal (5th Chamber), Case no. 596/16 V / Judgement / The Public Prosecutor v. A. Religion, Ethnic origin Migrants, Muslims Between October and November 2015, the accused distributed flyers in several municipalities in Luxembourg containing hate speech messages inciting to hatred against foreigners living in Luxembourg. Migrants in general, and Muslims in particular, were accused of destroying the country and its natural resources, negatively affecting Luxembourgish citizens' rights and living conditions. View more
LuxembourgLuxembourg Court of Cassation (Cour de Cassation) 2017 Luxembourg / Court of Cassation / Case no. 58/2017 (3868) Religion, Ethnic origin Muslims, Migrants Between October and November 2015, the accused distributed flyers in several municipalities in Luxembourg containing hate speech messages inciting to hatred against foreigners living in Luxembourg. Migrants in general, and Muslims in particular, were accused of destroying the country and its natural resources, negatively affecting Luxembourgish citizens' rights and living conditions. View more
LuxembourgLuxembourg Luxembourg Court of Appeal (Cour d'appel) 2017 Luxembourg / Court of Appeal (10th Chamber) / Case no. 304/17 Migrant status Refugees & asylum seekers On 14 October 2015 the accused, via his social media profile, commented on an article from a newspaper about a former military site (Ordensburg Vogelsang). The article said that "In this ex-Nazi-Ordensburg, Cologne will bring 900 refugees to Germany" and "In Cologne refugees are to be accommodated in the area of the former National Socialist Ordensburg. View more
LuxembourgLuxembourg Luxembourg District Court (Tribunal d'arrondissement) 2017 Luxembourg / District Court (Correctional Chamber) / Case no. 2065/2017 Religion Muslims An anonymous reporting on 22 September 2016 through the Bee Secure Stopline platform has made the police authorities aware of a comment posted by the defendant via her Facebook account. The comment was made in respect of an article that related to a German railway agent who had been insulted and threatened of being thrown off the train by some illegal passengers during a check of tickets. View more
LuxembourgLuxembourg Luxembourg District Court (Tribunal d'arrondissement) 2017 Luxembourg / District Court (16th Chamber) / Case no. 3257/2017 Religion, Migrant status Migrants, Refugees & asylum seekers In September 2015, violent comments were posted about two articles concerning the refuge crisis that have been shared on the Facebook page of Radio Latina, a Portuguese-speaking radio station in Luxembourg. One was about an NGO worker being outraged by the comments of incitement to hatred on Facebook. The other was about Differdange, a city in Luxembourg, being open to welcome up to 60 refugees. On these articles, a number of people expressed their opinions: View more
LuxembourgLuxembourg Administrative Court (Tribunal Administratif du Grand-Duché de Luxembourg) 2019 Luxembourg / Administrative Court of Luxembourg (3rd Chamber) / Case no. 40948 Religion Muslims A Luxembourgish citizen of Muslim religion submitted her application for the renewal of her driving license with a passport photo with her head covered by a veil. The administrative authority informed her that the processing of her request was only possible if she submits a complete application, namely, an application containing a 45/35 cm passport type photo on which her head is uncovered. View more
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