The Court of Justice of the European Union ruled on Tuesday that Hungary had violated EU law by marginalizing LGBT+ people, in a ruling described as “historic” by the European Commission and several NGOs. Sixteen member states, including France and Germany, joined the legal action brought by the Commission.
Published on: 04/21/2026 - 2:52 p.m. Modified on: 04/21/2026 - 2:53 p.m.
Hungary "violated Union law" by "stigmatizing and marginalizing" LGBT+ people, the Court of Justice of the European Union (CJEU) ruled on Tuesday April 21.
In its decision, the CJEU judges that the 2021 law, intended to introduce tougher measures against pedophiles and protect minors, also restricts access to LGBT+ content in the media or bookstores.
“This law is contrary to the very identity of the Union as a common legal order in a society characterized by pluralism,” adds the highest European court, according to which the very title of the law associates non-cisgender people “with pedophile delinquency”, which can reinforce their stigmatization and “arouse hateful behavior towards them”.
In response, the European Commission welcomed the “historic” judgment of the Court of Justice. “It is now up to the Hungarian government to implement this decision,” underlined the spokesperson for the European executive, Paula Pinho.
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Several NGOs in Hungary, including Amnesty International and the Helsinki Committee, also welcomed a “historic” decision.
The judgment confirms "that the policy of exclusion and stigmatization of the Orban government has no place within the EU", underline these NGOs in a joint reaction, also welcoming that the Court notes "for the first time a violation of common values".
Censored media and controlled businesses
This dispute constitutes one of the most resounding standoffs on the theme of human rights pitting the Hungarian government of nationalist Viktor Orban against its EU partners.
A total of sixteen member countries, including France and Germany, as well as the European Parliament have joined the legal action brought by the Commission, the first concerning a Member State. Brussels had announced the referral to the CJEU in July 2022.
Since the entry into force of the Hungarian law, audiovisual media are prohibited from broadcasting LGBT+ content during the day and stores are prohibited from selling LGBT+-themed products within a 200 meter radius of churches and schools.
Also read: Can Péter Magyar “de-sorbanize” Hungary after his victory in the legislative elections?
Some bookstores have been fined for distributing graphic novels and other titles featuring LGBT+ characters in their children's sections, denounced the NGO Reclaim which defends these sexual minorities.
After 16 years in power, Viktor Orban, who made the defense of children's rights and family values one of his credos, lost the legislative elections of April 12.
His successor, the conservative Peter Magyar, sent a message to the LGBT+ community on the evening of his victory, declaring that Hungary had decided that it wanted to be a country where “no one is stigmatized for loving differently or in a different way from the majority”.
With AFP
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