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This is about another case regarding the definition of EU values, respect for national competences, and the limits to the promotion of gender ideology to minors. Here is a report about the Court of Justice of the European Union (CJEU) in Case C-769/22, Commission v Hungary (Values of the European Union). You can find the Court’s press release here.

• The case concerns Hungary’s legislation restricting the portrayal and promotion of LGBTI+ content, especially in contexts involving minors.
• The law limited access to certain content (education, media, advertising) if it was considered to depict or promote non-heterosexual orientations or gender identity issues.
• The European Commission challenged Hungary, arguing that the law violated EU rules on fundamental rights, internal market freedoms, and non-discrimination.

Key legal issues:

• Whether a Member State can restrict certain types of content to protect minors.
• Whether such restrictions conflict with EU principles, including:
  • Free movement of services
  • Freedom of expression and information
  • Non-discrimination

The Court’s ruling:

• The Court held that Hungary failed to comply with EU law, notably the 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).
• It found that the legislation:
  • “Stigmatises and marginalises” LGBTI+ persons.
  • Creates unjustified restrictions on the provision of services and content across the EU.
• The Court concluded that:
  • Protecting minors is a legitimate aim, but the measures used must be proportionate and non-discriminatory.
  • Hungary’s law went beyond what is necessary, effectively targeting a specific group.

Conclusion:

• The case highlights tension between:
  • National authority over education, culture, and family policy, and
  • Supranational enforcement of rights and non-discrimination norms.
• It raises great concerns about:
  • Whether courts are narrowing the space for Member States to legislate on moral or child-protection grounds.

Following this ruling, we encourage you to engage actively in public debate at both national level and with EU institutions such as the European Parliament and the European Commission, making the case for how Member State competences should always be respected.