This paper examines the WABE judgment of the Court of Justice. The Author finds in the ruling a greater leeway awarded to national courts in balancing fundamental freedoms, while respecting the standards of equality set by EU law. Moreover, in the proportionality assessment, the relevance of freedom of enterprise to justify neutrality policies is decreased: such freedom prevails over the workers’ religious freedom only when, in the absence of a neutrality policy, the employer would suffer economic damages that must however be demonstrated. If such negative consequences are not proven, the neutrality policy is not objectively justified.
