CJEU Curia Press Releases (EN)

CJEU Finds Hungary Violated EU Law With Anti-LGBTI+ Legislation

The CJEU sitting as the Full Court has ruled that Hungary violated EU law through Law No LXXIX of 2021, which prohibits or restricts access to content portraying or promoting deviation from gender identity or homosexuality, including in audiovisual and advertising sectors. The Court found breaches of the freedom to provide services under the e-Commerce Directive, Services Directive and Audiovisual Media Services Directive; multiple fundamental rights under the EU Charter including the prohibition on discrimination, human dignity, private life, and freedom of expression; and the General Data Protection Regulation. Critically, the Court found, for the first time, a separate and direct infringement of Article 2 TEU, which lists the values on which the Union is founded. The Court held that the stigmatisation of LGBTQ+ persons as being inherently detrimental to minors cannot be justified under any circumstances by the objective of promoting the best interests of the child.

Advocate General Finds Austrian Request on Maltese Gaming Act Inadmissible

Advocate General Nicholas Emiliou declared inadmissible the Austrian court's request for a preliminary ruling on whether a provision of the Maltese Gaming Act is compatible with EU law, finding the actual dispute concerns the diligence of a legal adviser's opinion governed by national law rather than EU law interpretation. On the substance, the Advocate General proposed that Malta cannot invoke the public policy exception under the Brussels I bis Regulation to refuse recognition of foreign judgments upholding player restitution claims against Maltese-licensed gaming operators, as such refusal would contravene the freedom to provide services.

Advocate General Emiliou: Italy-Albania Protocol Compatible With EU Asylum Law

Advocate General Nicholas Emiliou delivered Opinion C-414/25 on April 23, 2026, finding that the Italy-Albania Protocol (signed November 6, 2023) is in principle compatible with EU return and asylum Directives 2008/115/EC, 2013/32/EU, and 2013/33/EU. The Protocol allows Italy to operate repatriation and detention centres on Albanian territory under Italian jurisdiction. The Opinion confirms Member States may establish extraterritorial detention centres but remain bound by all EU migrant guarantees including rights to legal counsel, language assistance, family contact, healthcare, education for minors, and prompt judicial review. If detention is found unlawful, Italy must promptly transport migrants to Italian territory and release them. The Opinion is non-binding; the CJEU Court will issue its judgment separately.