The EU’s highest court has ruled that if a same-sex couple is legally married in one member state, any other country where they live or are present is obliged to recognize that marriage. The case concerned two Polish citizens who lived in Germany and were married in Berlin in 2018. When they sought recognition of their union in Poland, authorities refused, citing national legislation that does not allow same-sex marriages. The couple appealed to Poland’s Supreme Administrative Court, which referred the matter to the Court of Justice of the European Union. The court in Luxembourg stated that such a position contradicts EU law because it “violates” freedom of movement “and the right to respect for private and family life.”
In a press release outlining the decision, the court stated: “Member states are required to recognize, for the purpose of exercising rights granted under EU law, a family status lawfully acquired in another member state.” At the same time, the court noted that EU countries “enjoy a certain margin of discretion in choosing the procedures for recognizing such a marriage.” The court also stressed that the ruling does not oblige states to introduce same-sex marriages into their national legislation.