The Lazio Regional Administrative Court (TAR) annuls the AGCOM resolution on age verification for porn sites.
*by Fulvio Sarzana di S.Ippolito, Lawyer, Sarzana and Partners Law Firm.
www.lidis.it
The TAR of Lazio, Rome office, in four mirror sentences filed on 7 April 2026 partially annulled the Resolution of the Communications Regulatory Authority (AGCOM) regarding age verification to access hard sites. et similia per i cittadini italiani.
The annulment follows the Italian State's failure to engage in prior consultation with the Member State of origin of the sites that had filed the appeal to the TAR and the failure to notify the European Commission and the Member State of origin of its intention to adopt the restrictive measures.
According to the TAR, AGCOM did not comply with the procedural requirements set out in Article 3, paragraph 4, letter b), of Directive 2000/31/EC.
This provision establishes that, in order to adopt a restrictive measure against providers established in another Member State, it is necessary that:
(i) the requesting Member State has previously invited the Member State of origin to take the necessary measures;
ii) the latter has not adopted the required measures or has adopted them in an inadequate manner;
(iii) the requesting Member State has notified the European Commission and the Member State of origin of its intention to adopt the restrictive measures.
In the case at hand, it is common ground, as acknowledged by the respondent itself, that the Communications Regulatory Authority did not comply with this procedure. Article 4, paragraph 2, of Annex A to the resolution, relating to the entry into force of the measures, automatically extends the obligation to providers established in other Member States three months after the publication of the list referred to in Article 1, without making their operation conditional on compliance with the procedural conditions of prior consultation and notification established by Article 3, paragraph 4, letter b), of Directive 2000/31/EC.
The Lazio Regional Administrative Court (TAR) annuls the AGCOM resolution on age verification for porn sites.
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