France: Filed Council of State request to CJEU regarding WebGroup and Coyote System lawsuit challenging the Arcom enforcement of age verification requirement for online pornographic content

On 6 March 2024, the Council of State referred a lawsuit regarding the Regulatory Authority for Audiovisual and Digital Communication (Arcom)'s enforcement of age verification requirements for online pornographic content to the Court of Justice of the European Union (CJEU). This decision was prompted by a challenge from two Czech website publishers, WebGroup and Coyote System, against the powers granted to Arcom to enforce the criminal ban on access by minors to pornographic content. The Council of State dismissed general criticisms of the decree and the law establishing this system but noted that a recent CJEU judgment could potentially obstruct the adoption of certain general measures by a Member State towards operators established in another Member State. The Council of State has, therefore, decided to refer the issues raised by this lawsuit to the CJEU for the application of criminal law and the protection of minors.