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EU Court Orders Member States to Recognize Cross-Border Same-Sex Marriages

Poland must register a 2018 Berlin marriage to safeguard EU free‑movement rights.

Overview

  • Europe’s top court ruled that marriages validly concluded in one EU country must be recognized across the bloc, including same‑sex unions.
  • The court found that refusal to recognize such marriages breaches free‑movement and residence rights as well as the right to private and family life.
  • The judgment confirms that countries are not obliged to introduce same‑sex marriage into their national law.
  • Member states retain procedural leeway for recognition, but they may not obstruct or discriminate, and Poland must apply its transcription system to all marriages.
  • The case returns to Poland’s Supreme Administrative Court, which is bound by the EU court’s legal interpretation.