Marriage

The Court of Justice of the European Union (CJEU), in Grand Chamber, has stated that a Member State cannot refuse to recognize a marriage between two same-sex individuals (nationals of that State) if that marriage was legally celebrated in another Member State while exercising their right to live and move freely within the Union. The case involves two Polish citizens (one with dual Polish and German nationality) who married in Germany and wanted to return to Poland living there as a married couple.

Polish authorities refused to transcribe the marriage certificate in their Civil Registry because Polish law does not allow marriage between same-sex individuals and considered that such transcription clashed with fundamental principles of the Polish legal system. However, the CJEU explains that this refusal can create many real obstacles in their daily lives as it forces them to go from being “married” in the host country to “single” in the country of origin, making it difficult to continue their family life , and can create administrative and private problems (the case itself mentions practical difficulties and contradictory decisions by authorities on the effects of marriage).

The CJEU concludes that Articles 20 and 21 TFEU, together with Articles 7 and 21. 1 of the Charter, oppose such refusal when transcription is the only means for the State to effectively recognize marriage. In addition, if the State offers that transcription mechanism for man and woman marriages , it cannot exclude same-sex marriages, as it would be discrimination based on sexual orientation .

If you find yourself in a situation similar to the one described, our professionals can provide you with timely assistance and take the necessary actions that may be relevant