On 29 April 2009, a doctor at the Établissement français du sang (French Blood Agency) in Metz (France) refused the blood donation offered by Mr. L on the ground that he had had sexual relations with another man.
The doctor based his decision on a French Decree of 12 January 2009 that establishes criteria for the selection of blood donors in France. As regards the risk of exposure of a prospective donor to a sexually transmissible infectious agent, the Decree provides a permanent contraindication to blood donation for men who have had sexual relations with other men.
Does the fact that a man has sexual relations with another man . . . place him at a risk of acquiring severe infectous diseases that can be transmitted by blood? And can this justify a permanent contraindication to blood donations for men, who have sexual relations with other men?
The Court found the Charter to be applicable as the French decree applied Directive 2004/33 regarding requirements for blood and blood components.
The Court found that:
However, certain conditions need to be met:
The CJEU concluded that it was for the referring court to determine whether those conditions are met in France.