Brussels, April 2025
In an important step forward for the rights of same-sex couples across the European Union, the Advocate General of the Court of Justice of the European Union (CJEU), Richard de la Tour, has issued a key opinion stating that EU Member States must recognize same-sex marriages performed in other EU countries to protect the fundamental right to freedom of movement.
The case involves two men — one a Polish citizen, the other a Polish-German dual citizen — who married in Germany, where same-sex marriage is legal, and later moved to Poland, which does not recognize such unions. When Polish authorities refused to transcribe their marriage certificate into the civil registry, the couple brought the case to the CJEU. The central legal question is whether this refusal violates EU law, particularly the Treaty on the Functioning of the European Union (TFEU), the Free Movement Directive, and the Charter of Fundamental Rights of the EU, with a focus on the right to private and family life and protection against discrimination.
Advocate General de la Tour made it clear that refusing to recognize a marital relationship legally established in another Member State restricts EU citizens’ freedom to move and reside freely within the Union. He further stressed that not recognizing such a relationship undermines the right to respect for private and family life. Importantly, he noted that while EU law does not automatically require Member States to transcribe marriage certificates, in countries like Poland — where no alternative recognition exists — the authorities are obligated to proceed with transcription to provide legal certainty and protect families from a precarious legal situation.
“This obligation would apply to all recalcitrant Member States, provided they accept the conclusions without constraints,” explained Daniel Martinović, President of NELFA. “For reference, the directive on automatic recognition of parentage by all Member States remains ineffective due to the lack of unanimous agreement among Member States. However, if the Court follows this opinion in its judgment, expected later in 2025, it could set a strong precedent for the recognition of same-sex marriages across the EU.”
NELFA — the Network of European LGBTIQ* Families Associations — warmly welcomes the Advocate General’s opinion, seeing it as a significant step toward greater equality and security for rainbow families across Europe. The recognition of same-sex marriages performed abroad is crucial to ensuring that families are not left in legal limbo when crossing borders within the EU. Such legal clarity is vital to protect families’ rights in areas such as property ownership, taxation, and inheritance, and most importantly, to uphold the dignity and respect of LGBTIQ* families.
This case follows recent European Court of Human Rights rulings, where Poland was found to have violated the right to respect for private and family life by failing to recognise same-sex relationships and provide a legal framework for such unions.
The final decision from the CJEU is expected later this year and is anticipated to have wide-reaching implications for the recognition and protection of same-sex couples throughout the European Union.
