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EU Court Says States Can Force Age Checks on Foreign Sites

Protecting children online just gained a powerful legal anchor. On 16 June the Court of Justice of the European Union, sitting as a fifteen-judge Grand Chamber under President Koen Lenaerts, ruled that a member state may compel pornographic websites based in another EU country to verify that their users are adults. The judgment in the joined cases C-188/24 and C-190/24 settles a question that had hung over national regulators for years, and it tilts the balance of online governance away from the place a service is registered and toward the place its users actually live.

The dispute began in France. Two operators registered in Prague, WebGroup Czech Republic and NKL Associates, ran adult sites accessible to French audiences. France’s audiovisual watchdog ARCOM issued formal notices under Article 227-24 of the French Criminal Code, which bans making pornographic content available to minors. The companies fought back before the Conseil d’Etat, leaning on the country-of-origin principle written into the e-Commerce Directive. Under that principle, a digital service answers to the regulator of the country where it is established, not to every country where it can be viewed. Prague, the companies argued, should have the last word, not Paris.

The Court disagreed in substance while preserving the principle in form. Judges held that the Audiovisual Media Services Directive itself requires effective measures to keep minors away from pornographic content, and that age verification is a proportionate and necessary way to deliver that protection. Crucially, they confirmed that such requirements can reach providers established elsewhere in the Union, provided the state imposing them follows the procedural rules. Except in urgent cases, it must first ask the provider’s home state to act, and it must notify both that state and the European Commission before moving.

That conditional architecture is the heart of the ruling. The country-of-origin rule survives, but it is no longer a shield that lets operators ignore the protective standards of the markets they serve. The decision draws a line that other digital files will feel. Regulators across the bloc have spent the past two years arguing that a strict reading of country-of-origin let platforms forum-shop into the lightest-touch jurisdiction. The Grand Chamber has now told them there is a lawful route around that, so long as the measures are targeted at specific services and stay proportionate.

The practical questions start now. Age verification remains technically contested, and privacy advocates warn that document uploads or facial-age estimation create their own risks, gathering sensitive data on lawful adult users to keep out minors. The Court did not prescribe a method, leaving member states and the Commission to reconcile child protection with data-minimisation duties under the General Data Protection Regulation. Expect national regulators in France, and likely Germany, Italy and Spain, to read the judgment as a green light to press operators harder, while the Commission faces pressure to set common technical standards so twenty-seven separate verification regimes do not fragment the single market.

For platforms, the message is blunt. Registration in a permissive member state no longer guarantees a quiet life. For parents and child-safety groups, the ruling validates a long campaign. And for the wider debate over who governs the internet in Europe, it marks another step in a steady shift: the destination, not the dispatch point, increasingly sets the rules. The next test will be whether enforcement can be made to work without turning age checks into a surveillance tool that adults reasonably resent.