First EU AI Act cases in front of the courts

C-806/24 and C-245/25 are the first cases at the CJEU. Here’s what the judges will be deciding.

Two preliminary references have arrived at the Court of Justice of the European Union. Both invoke the EU AI Act. They aren’t new, but I only just found them. Both ask about Article 86. Neither can succeed on that basis — at least not yet.

These are, to the best of my knowledge, the first cases before any EU court that directly invoke the AI Act’s substantive provisions. But historical significance and legal merit are different things. Both cases have structural problems that go beyond timing.