[1] [2] NH, a senior lawyer at an Italian law firm, sparked controversy during a radio interview in Italy when he declared his refusal to hire gay individuals or utilize their services.

[3] [4] The Tribunale di Bergamo found NH guilty of discrimination and ordered him to publish an apology, devise an anti-discrimination action plan, and pay damages to the Associazione.

NH appealed to higher courts, ultimately leading to the Corte suprema di cassazione staying proceedings and referring two questions to the CJEU.

The questions focused on the interpretation of Directive 2000/78 and concerned the material scope of this instrument, as well as the eligibility of a lawyers’ association to initiate legal action in similar circumstances.

The oral statements at the origin of the main proceedings have traveled as far as Luxembourg and give this Court the opportunity to interpret the provisions of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.”[6]Advocate General (AG) Sharpston, reversed the order of questions proposed by the Italian court, first determining if the situation fell under the Employment Equality Directive (2000/78/EC), then assessing the Associazione's standing to enforce its provisions.

Regarding the first question, she affirmed that non-governmental organizations can bring actions to enforce Employment Equality Directive obligations, provided they have a legitimate interest.