PRESS RELEASE – The LGBTIQ+ Intergroup of the European Parliament welcomes the Court of Justice judgement confirming that Hungary’s anti-LGBTIQ+ law violates EU law and values on which the European Union is founded

21 April 2026

The LGBTIQ+ Intergroup of the European Parliament welcomes today’s judgement of the Court of Justice of the European Union in Case C-769/22, in which the Court rules in favour of the European Commission on all points and confirms that Hungary’s Law LXXIX of 2021 violates EU law.

Hungary’s law imposed wide-ranging restrictions on content portraying LGBTIQ+ people, using child protection as its justification. In a landmark judgment, the Court has confirmed that the law breaches the EU laws on multiple fronts, such as the freedom to provide and receive services as enshrined in the Treaties, as well in the e-Commerce Directive, the Services Directive, the Audiovisual Media Services Directive, and the General Data Protection Regulation. It also violates the fundamental rights of LGBTIQ+ people protected under the EU Charter, including the right to dignity, freedom of expression and non-discrimination.

The legislation was also ruled incompatible with the core values of the European Union mentioned in Article 2 TEU, including democracy, the rule of law and respect for human rights. This is the first time in the history of the EU that Article 2 was used as a standalone ground for a Member State violating the EU order. In other words, the Court has not just ruled on the specific provisions of the law, but also on the root cause of the law – Hungary’s negation of the core values on which the European Union is founded on. This aligns fully with the Opinion of CJEU Advocate General Tamara Ćapeta delivered on the 5th of June 2025, where she already made a comprehensive case against each of the contested provisions.

This ruling makes one thing clear: discrimination against LGBTIQ+ people violates not only the EU law, but also the very principles our Union is built upon and stands on – and Member States that cross that line will face consequences.

This verdict better protects the space of LGBTIQ+ people in (school)books, in Pride Marches, in TV-shows and in public spaces. It is also clear in saying that there is no space for anti-LGBTIQ+ laws. A great success for the Rule of Law, as well as the Hungarian LGBTIQ+ community.” said MEP Kim van Sparrentak, Co-Chair of the LGBTIQ+ Intergroup.

Today’s ruling also comes at a significant political moment for Hungary, where after 16 years in power Viktor Orbán is set to be replaced by Péter Magyar. This verdict illustrates the legal mess left behind by the Orban government. The task for the incoming Tisza government is clear: the restoration of the rights of LGBTIQ+ people needs to be a focal point if they want any credibility, especially considering their statements on the rule of law. The LGBTIQ+ intergroup therefore expects Magyar and his party to include such proposals in their first 100 days in office.

“The court’s ruling is clear: EU law must be respected”, said MEP Marc Angel, Co-Chair of the LGBTIQ+ Intergroup. “The Commission has a duty to ensure full compliance by Member States. We count on Commissioner McGrath to act decisively, and on Péter Magyar to take responsibility in upholding the rule of law, EU values and fundamental rights in Hungary. The Hungarian people deserve nothing less.”

The LGBTIQ+ Intergroup calls on the European Commission to monitor Hungary’s compliance closely and to pursue financial penalties if needed. Today’s Court decision confirms that LGBTIQ+ people must have equal respect in each and every Member State – full stop.

Want to know more? Contact:
Iftin Abokor (she/her), Office of MEP Kim van Sparrentak (iftin.abokor@europarl.europa.eu)
Daniel Constantinides (he/him), office of MEP Marc Angel (daniel.constantinides@europarl.europa.eu)