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Luxembourg 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. The applicant, after several exchanges of letters with the authorities, decided to challenge the decision… View more
Luxembourg Administrative Tribunal of the Grand Duchy of Luxembourg (fourth chamber)[Tribunal administratif du Grand-Duché de Luxembourg (4e chambre)] 2022 Luxembourg/Administrative Tribunal of the Grand Duchy of Luxembourg /N° 44025 Religion Muslims On the 5th of November 2019, the Director-General of the public company POST Luxembourg applied a disciplinary sanction of revocation to a worker who was considered guilty, among others, of harassing, discriminating and disrespecting and external employee of the company. The worker lodged an appeal on the 15th of January 2020 seeking the alteration or, in the alternative, the annulment of the decision from the Director-General. Following an assessment of the credibility of the facts, the… View more
Luxembourg Court of Appeal (fifth chamber) [Cour d'appel (cinquième chambre)] 2020 Luxembourg / Court of Appeal / no. 87/20 V. Migrant status refugees & asylum seekers On 8 September 2015 the Minister of Family and Integration published on Facebook a photo of herself surrounded by Syrian refugees with a comment explaining that a Syrian mother had asked her if her children could attend school in Luxembourg as it was important that her children could have future prospects. Through the BeeSecure platform the police were notified about the following comment underneath the Minister’s social media post: “... you should rather explain why our children are… View more
Luxembourg Court of Cassation (Cour de Cassation) 2017 Luxembourg / Court of Cassation / Case no. 58/2017 (3868) Religion, Race/Ethnicity 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. These groups were also accused of being responsible for the "end" of the Luxembourgish school… View more
Luxembourg First Instance Court of Luxembourg City (nineteenth chamber) [Tribunal d’arrondissement de Luxembourg (dix-neuvième chambre)] 2022 Luxembourg/First Instance Court of Luxembourg City/no. 1551/2022 Religion Third country nationals On the 7th of February 2020, the Anti-Terrorist Section of the Judicial Police Service was informed of the existence of several comments on Facebook which contained xenophobic remarks. The comments were related to an article from «LEQUOTIDIEN.LU» shared by a user on his Facebook page. The investigation later revealed that the Facebook profile associated with the comments belonged to the defendant. In his comments, the defendant declared that Muslims were scum, adding emoticons such as "… View more
Luxembourg First Instance Court of Luxembourg City (nineteenth chamber) [Tribunal d’arrondissement de Luxembourg (dix-neuvième chambre)] 2022 Luxembourg/First Instance Court of Luxembourg City/no. 1005/2022 Race/Ethnicity refugees & asylum seekers On the 6th of July 2019, the Anti-Terrorist Section of the Judicial Police Service was informed of the existence of a comment on Facebook which contained xenophobic remarks. The comment related to an article published on the Facebook page of «RTL Lëtzebuerg». The investigation later revealed that the Facebook profile associated with the comment belonged to the defendant. The comment read “In my younger years I was stationed in Saudi Arabi, in Libya and in Bahrein. These people are not like us,… View more
Luxembourg 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, Race/Ethnicity 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. These groups were also accused of being responsible for the "end" of the Luxembourgish school… View more
Luxembourg 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. 900 people should be staying in a single floor...” The accused posted the following comment: "Vogelsang is actually a… View more
Luxembourg Luxembourg District Court (Tribunal d'arrondissement) 2013 Luxembourg / District Court / Case no. 577/2013 / Judgement / The Public Prosecutor v. A, B, C, D Religion, Race/Ethnicity 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
Luxembourg Luxembourg District Court (Tribunal d'arrondissement) 2015 Luxembourg / District Court (13th Chamber) / Case no. 1448/2015 / Judgment / The Public Prosecutor v. X Nationality, Race/Ethnicity 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
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