Also available in: Deutsch (German)

The Düsseldorf Administrative Court has attracted attention with a recent ruling: According to this ruling, the North Rhine-Westphalia State Media Authority may not force providers (Telekom and Vodafone) to block access to Aylo (YouPorn, PornHub, etc.). This applies at least for the time being, as it is a preliminary injunction in summary proceedings. The exciting thing about this is that the judges ruled that the Youth Media Protection Treaty (JMStV) or parts of it violate European law. From the reasoning behind the ruling:

According to the latest ruling by the European Court of Justice, the provisions of the German Interstate Treaty on the Protection of Minors in the Media (Jugendmedienstaatsvertrag) on which the blocking orders are based violate the primacy of European Union law. Accordingly, the free movement of digital services from another member state may only be restricted under certain conditions, which are no longer met by the regulations on the protection of minors in the media that exist in Germany.

This could take the proceedings in the long-running legal dispute in an interesting direction. The background to this is the so-called country of origin principle (E-Commerce Directive 2000/31/EC and AVMD Directive): EU services are primarily subject to the law of their country of establishment (in this case Cyprus). German authorities may only intervene in exceptional cases, and measures must be specific, not abstract and general. A blanket application of the JMStV to foreign EU providers could hinder the free movement of services.
However, the main proceedings are still pending, so the outcome remains uncertain. Other proceedings are also ongoing, for example at the Berlin Administrative Court.

( File reference number: 27 L 805/24, 27 L 806/24, 27 L 1347/24, 27 L 1348/24, 27 L 1349/24, 27 L 1350/24)

More Infos:

https://www.vg-duesseldorf.nrw.de/behoerde/presse/pressemitteilungen/2025/25_11_19/index.php