On 16 June 2026 , the Court of Justice of the European Union (CJEU) delivered an important judgment concerning age verification for users of pornographic websites.
The case concerned French authorities seeking to impose age verification obligations on platforms established in another Member State but accessible from France. Taking the view that these obligations were not compatible with European Union law, the companies concerned challenged them before the French courts.
The protection of minors: a European issue
In its judgment, the Court reiterates that obligations aimed at preventing minors from accessing pornographic content fall within the scope of the E-Commerce Directive. It points out in this regard that the application of such measures to a service provider established in another Member State constitutes a restriction on the free movement of services.
In practical terms, where a platform is established in one Member State but accessible throughout the European Union, it is primarily the responsibility of the competent authority of the State of establishment to impose and monitor compliance with the applicable requirements.
Why does the country of establishment play such a central role?
The country-of-origin principle enables providers to benefit from a more predictable legal framework. Without it, the same service could face different, or even conflicting, obligations in each country where it is available, with a risk of market fragmentation.
Exceptions are still possible
However, this principle does not prevent other Member States from taking action. EU law provides for procedures allowing, in certain situations, measures to be taken against a provider established in another country.
Such interventions must, however, comply with strict conditions: they must pursue a legitimate objective, be proportionate and follow the cooperation mechanisms provided for at European level.
Targeted measures aimed at a specific provider may be considered where the conditions laid down by European law are met.
A decision of particular relevance to Luxembourg
The principles set out by the Court are of particular interest to Luxembourg, where several pornographic platforms operating across Europe fall within the remit of ALIA.
Where a platform established in Luxembourg is accessible in several Member States, decisions taken by ALIA may have effects far beyond national borders. They may contribute to the protection of minors in other Member States.
ALIA is currently examining these issues in cases concerning pornographic platforms established in Luxembourg but accessible throughout the European Union. These cases provide a concrete illustration of the challenges associated with the country-of-origin principle and the specific responsibility incumbent upon the authority of the state of establishment in a cross-border digital environment.