On December 12, 2013, the Fifth Chamber of the Court of Justice of the European Union (ECJ or the Court) issued its decision in Frédéric Hay v. Crédit Agricole Mutuel de Charente-Maritime et des Deux-Sévres (the Hay decision), an important ruling on the rights of same-sex couples in the workplace. Certain provisions in a collective agreement allowed employees to claim particular benefits on the occasion of a marriage, but not on the occasion of the conclusion of a form of civil partnership. The Court found that, since at the relevant time homosexual couples were only permitted to enter into civil partnership and not marriage under French law, the impugned provisions constituted direct discrimination based on sexual orientation and were therefore prohibited by the 2000 Employment Equality Framework Directive (the Equality Directive).

On December 13, 2012, the Grand Chamber of the European Court of Human Rights (the Court) issued a final judgment in the case of El-Masri v. the former Yugoslav Republic of Macedonia. It found that Macedonia, as a State party to the European Convention on Human Rights (the Convention), was responsible for torturing El-Masri while he was in the former Yugoslav Republic of Macedonia (FYRM) The El-Masri judgment is the first time in which an international court has ruled on the U.S. practice of secret forced renditions. It follows the rationale of Soering v. United Kingdom, that a State can be held responsible for facilitating a violation by a State outside the Council of Europe, and places it in a modern war on terror context.