Luxembourg / Court of and in the Luxembourg arrondissement, court of first instance (16th chamber) / no. 17461/12/CD
Crime type(s) concerned/related
Related hate bias motivation
Key facts of the case
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.
The law criminalises racism, revisionism and other agitations based on illegal discrimination. The criminal code qualifies as discrimination every distinction made between people due to their origin, their skin colour, their sex, their sexual orientation, their family situation, their health, their handicap, their traditions, their political or philosophical opinions, their union activities, their real or supposed ethic origin, a nation, a race or a religion.
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
No new interpretations or explanations.
Results (sanctions, outcome) and key consequences or implications of the case
Mrs J., Mrs G. and Mr H. were sentenced to 6 months imprisonment on probation, in the event of new breaches, 6 months will be added to this penalty. Mr I was sentenced to 6 months imprisonment.