France may apply its strict age-verification law on pornographic websites operating from other European Union countries, so long as the European Commission agrees, according to a non-binding legal opinion issued Thursday by Maciej Szpunar, First Advocate General of the Court of Justice of the European Union (CJEU).

The case stems from a lawsuit filed by WebGroup Czech Republic and NKL Associates, the parent companies behind tube sites XVideos and XNXX, which challenged the legality of France’s 2023 SREN law. The measure requires adult sites to verify users’ ages before granting access, with enforcement carried out by the French digital regulator Arcom.

The companies argued that the law violates the 2000 EU E-Commerce Directive, which enshrines the principle of “country of origin” regulation, meaning companies should only be subject to the rules of their home state. They also claimed France’s move conflicted with existing EU child protection and digital safety regulations.

Szpunar concluded that France’s law could be compatible with EU rules so long as it receives clearance from Brussels. He reasoned that obligations on online publishers to block minors from pornographic material fall within the EU’s “coordinated field” of regulation and can serve the common good.

“The coordinated field defined by the directive encompasses the obligation on publishers of online communication services to implement technical arrangements designed to prevent minors from accessing pornographic content,” Szpunar wrote.

Although the opinion is not binding, CJEU judges often adopt Advocate General recommendations in their final rulings.

The outcome of the case could determine how far EU member states can go in imposing national child-protection laws on platforms based abroad. France is one of several countries, alongside Germany, Spain, and the UK (outside the EU), pushing for stricter age-gating of adult content.

For now, the case remains pending before the Court of Justice in Luxembourg, with a final ruling expected in the coming months.