Judgment of the Court (Full Court) of 21 April 2026, Commission v Hungary (Valeur de l’Union), case C-769/22

By ‘Law No LXXIX of 2021 laying down stricter measures in respect of persons convicted of paedophilia and amending certain laws adopted in the interests of the protection of children’, Hungary has amended various national legislative acts with a view to protecting children. In essence, those amendments prohibit or restrict access to content, including in the audiovisual or advertising sectors, which portrays or promotes deviation from the self-identity corresponding to the sex assigned at birth, gender reassignment, or homosexuality. Following an action for failure to fulfil obligations brought by the European Commission in that regard, the Court of Justice finds that Hungary has acted in breach of EU law on a number of separate levels: the primary and secondary law relating to services in the internal market, the Charter of Fundamental Rights of the European Union, Article 2 TEU and the General Data Protection Regulation (GDPR) (See PRESS RELEASE No 59/26 Luxembourg, 21 April 2026)

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