Court of Justice of the European Union, According to Advocate General Mengozzi, a sexual relationship between two men does not, in or of itself alone, constitute conduct that justifies permanent exclusion from giving blood.

So if the Court rules as Advocate General proposes and France lifts its ban on MSM donors (the whole ban, or eases the ban) then all of EU has to do the same. um.. right?

ETA: in other slightly relevant press releases: Advocate General Sharpston considers that when verifying an asylum seeker's claimed sexual orientation, Member States' freedom of action is constrained by the Charter of Fundamental Rights.