This case note examines the decision of the Court of Justice of the European Union in Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge, where the Court found that a distinction between westerners and non-Westerners constituted discrimination under the Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. The case note shows that while the finding in this case does help address xenophobia under the Directive 2000/43, the interpretive moves made by the Court in reaching this finding are normatively weak in five respects: (i) the meaning of ethnic origin, (ii) the distinction between direct and indirect discrimination, (iii) the meaning of xenophobic discrimination, (iv) the recognition of structural harm, and (v) the use of the narrative of integration in European policy.
