European Union: CJEU Further Shapes the Country-of-Origin Principle

In brief

This article is practically relevant for online service providers established in an EU Member State that find themselves confronted with national regulatory media or digital rules of another Member State (such as youth-protection or platform laws). In a decision dated 16 June 2026 (C-188/24 and C-190/24), the Court of Justice of the European Union (CJEU) clarified three points: the country-of-origin principle protects such providers also from the application of criminal law rules of other EU Member States. At the same time, regulatory rules that require an individual decision of the regulator remain applicable. Lastly, non-compliance with the Audiovisual Media Services Directive increases the risk of the exception of the country-of-origin principle being applicable. Providers offering services from another EU Member State and facing particularly intrusive national regulation should check whether it applies to them at all.

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