Differentiating equality? The different advancements in the protected grounds in the case law of the European court of justice

Abstract

This chapter analyses the case law the Court of Justice has issued on the protected grounds of discrimination under Articles 18 and 19 TFEU. In order to do that, for each ground of discrimination (with the exception of religion) a few cases of the case law of the Court of Justice have been taken as examples, with the aim of offering a new perspective on the way in which the Court is dealing with one of the most delicate issues both among scholars and in public opinion. The challenge of this chapter lies on the fact that anti-discrimination law in the EU is like a chorus with several different voices, for which reason the attempt to portray a consistent picture of EU anti-discrimination law is like striving for harmony in an orchestra. Hence in conclusion to this chapter we should be able to understand whether the Court of Justice is forging a 'new' concept of equality or whether it is trying to adapt its reasoning to the circumstances of the case at hand, in keeping with the essence of the relational character of the principle of non-discrimination.