Comments on the Judgement of the Court of Justice of the European Union of April 29, 2015: Is the Permanent Exclusion of MSM from Giving Blood Compatible with the Directive 2004/33/EC? What Are the Consequences for Blood Donations in Germany?

State. Otherwise a formal infringement procedure pursuant to Article 258 TFEU may be initiated by the European Commission. Therefore, each Member State should verify unambiguously whether the permanent deferral from blood donation for MSM is justified. Due to different epidemiological situations in Member States, the implementation of the Court’s judgement may lead to differences within the European Union. There might be Member States with a permanent deferral from blood donation for MSM and other Member States with only a temporary exclusion of MSM. Therefore, the proper implementation of the Court’s judgement may contribute significantly to foreclosure of a substantial part of the common market. It is likely possible that a Member State with a permanent exclusion of MSM will not accept blood or plasma donated in a Member State where only a temporary exclusion of MSM applies.