Judgment: C-769/22 Commission v Hungary

On 21 April 2026, the Court of Justice, sitting as a full court, delivered its judgment in case C-769/22 Commission v Hungary.

In this case, the Court examined whether a Member State can prohibit or restrict access to LGBTI+ content, allegedly in order to protect children.

In 2021, Hungary adopted a law introducing stricter measures against individuals convicted of paedophilia while amending several national laws, with the aim of protecting minors. In practice, these amendments prohibit or restrict access to content – including audiovisual material – portraying or promoting gender identities that differ from the sex assigned at birth, sex reassignment, or homosexuality.

The European Commission brought an infringement action against Hungary, arguing that the law stigmatises and marginalises LGBTI+ individuals, and that it violates EU law, including internal market rules, fundamental rights, and the EU’s values as set out in Article 2 of the Treaty on European Union.

In the short video below, Koen Lenaerts, President of the Court of Justice, explains the key elements of the case and the legal issues raised. Subtitles are available in all EU languages and may be activated by clicking the “Subtitles” icon.

You can also consult the press release for more information.