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LUXEMBOURG — A decision from the European Union’s highest court on Tuesday handed a victory to France in its effort to apply age-verification requirements to foreign pornography websites on an individual basis.
The Court of Justice of the European Union agreed with France’s position that member states have the authority to enforce their age-verification laws against websites operating outside their borders. The ruling has implications across the European Union, where similar measures could be pursued by other member nations.
The legal challenge was brought by WebGroup Czech Republic and NKL Associates, the parent companies behind XVideos and XNXX. Their lawyers argued that France’s legislation conflicts with the EU’s e-commerce directive, which treats the bloc as a unified digital marketplace and is built around what is known as the country-of-origin principle.
Under that principle, online platforms are generally regulated by the laws of the country where they are established and operate. The framework was created to promote consistency throughout the European Union and to avoid requiring technology companies to navigate a patchwork of 27 separate national regulatory systems.
The court concluded that French authorities may require age-verification measures on adult entertainment websites even when those companies are headquartered in another EU member state, such as the Czech Republic or Cyprus. As a result, some operators could face regulatory obligations and potential penalties from both France and their home countries. Cyprus serves as the base for several Aylo-affiliated technology companies that operate Pornhub, MyDirtyHobby and other sites within the company’s portfolio of free and subscription-based platforms.
“Such measures may nevertheless be taken, on a case-by-case basis, in compliance with the material and procedural conditions set out in the directive,” said Thomas von Danwitz, vice-president of the EU Court of Justice, in explaining the court’s move away from the country of origin principle.
The ruling is expected to have particular significance for Aylo and WebGroup Czech Republic, both of which have previously been involved in disputes with French regulators over age-verification requirements.
