Overview
- The Court of Justice of the European Union ruled that marriages lawfully concluded by same‑sex couples in one EU country must be recognized by other member states for the exercise of rights under EU law.
- The case involved two Polish citizens married in Berlin in 2018 whose request to transcribe their German marriage certificate was refused by Polish authorities, prompting a referral from Poland’s Supreme Administrative Court.
- Judges found that refusal to recognize such marriages violates the freedom to move and reside and the right to respect for private and family life guaranteed by EU law.
- Member states may choose how to recognize foreign marriages, but procedures cannot make recognition impossible or discriminatory; where transcription is the only route, it must be applied equally to same‑sex and opposite‑sex couples.
- Implementation now returns to Polish authorities and courts, with domestic resistance expected from conservative political actors and the president, and potential enforcement pressure from EU institutions if Warsaw does not comply.