(AGENPARL) – Tue 25 November 2025 PRESS RELEASE No 147/25
Luxembourg, 25 November 2025
Judgment of the Court in Case C-713/23 | Wojewoda Mazowiecki
Citizenship of the Union: a Member State has the obligation to recognise a
marriage between two Union citizens of the same sex that has been
lawfully concluded in another Member State where they have exercised
their freedom to move and reside
Two Polish citizens who were married in Germany are requesting that their marriage certificate be transcribed in the
Polish civil register so that their marriage would be recognised in Poland. The competent authorities refused their
request on the ground that Polish law does not allow marriage between persons of the same sex. The Court of
Justice, in answer to a question referred to it by a national court, finds that refusing to recognise a marriage
between two Union citizens, lawfully concluded in another Member State where they have exercised their freedom
to move and reside, is contrary to EU law because it infringes that freedom and the right to respect for private and
family life. Member States are therefore required to recognise, for the purpose of the exercise of the rights
conferred by EU law, the marital status lawfully acquired in another Member State. The Court emphasises, however,
that that obligation does not require marriage between persons of the same sex to be introduced under domestic
law. In addition, Member States have a margin of discretion to choose the procedures for recognising such a
marriage. Nevertheless, when a Member State chooses to provide for a single procedure for recognising marriages
concluded in another Member State, such as the transcription of the marriage certificate in the civil register, it is
required to apply that procedure equally to marriages concluded between persons of the same sex.
In 2018, two Polish citizens residing in Germany, one of whom also has German nationality, were married in Berlin.
Wishing to go to Poland and reside there as a married couple, they requested that their marriage certificate drawn
up in Germany be transcribed 1 in the Polish civil register so that their marriage would be recognised in Poland. That
request was refused on the ground that Polish law does not allow marriage between persons of the same sex.
Transcribing the marriage certificate at issue would therefore be contrary to the fundamental principles enshrined
in the Polish legal order.
The spouses are challenging that refusal. The Polish Supreme Administrative Court, which is hearing the case, made
a reference to the Court of Justice. It is seeking to ascertain whether the national legislation which does not permit
the recognition of a marriage between persons of the same sex concluded in another Member State or the
transcription for that purpose of the marriage certificate in the civil register is in conformity with EU law. 2
The Court recalls that, while rules relating to marriage come within the competence of the Member States, the
Member States are required to comply with EU law in exercising that competence. The spouses in question, as EU
citizens, enjoy the freedom to move and reside within the territory of the Member States and the right to lead a
normal family life when exercising that freedom and upon returning to their Member State of origin. In particular,
when they create a family life in a host Member State, in particular by virtue of marriage, they must have
the certainty to be able to pursue that family life upon returning to their Member State of origin.
The refusal to recognise a marriage between two Union citizens of the same sex, lawfully concluded in another
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Member State where they have exercised their freedom to move and reside, may cause serious inconvenience at
administrative, professional and private levels, forcing the spouses to live as unmarried persons in their Member
State of origin.
For that reason, the Court holds that such a refusal is contrary to EU law. It infringes not only the freedom to
move and reside, but also the fundamental right to respect for private and family life. 3
According to the Court, the obligation to recognise does not undermine the national identity or pose a threat to
the public policy of the spouses’ Member State of origin. It does not require that Member State to provide for
marriage between persons of the same sex in its national law.
In addition, the Member States enjoy a margin of discretion to choose the procedures for recognising such a
marriage, and the transcription of a foreign marriage certificate is just one of the possible procedures.
Nevertheless, the Court emphasises that those procedures must not render such recognition impossible or
excessively difficult or discriminate against same-sex couples on account of their sexual orientation, which is the
case where national law does not provide, for same-sex couples, a procedure for recognition equivalent to that
granted to couples of the opposite sex.
Accordingly, given that transcription is the only means provided for by Polish law for a marriage concluded in
another Member State to be effectively recognised by the administrative authorities, Poland is required to apply
that procedure without distinction to marriages between persons of the same sex and to those concluded
between persons of the opposite sex.
NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes which
have been brought before them, to refer questions to the Court of Justice about the interpretation of European
Union law or the validity of a European Union act. The Court of Justice does not decide the dispute itself. It is for the
national court or tribunal to dispose of the case in accordance with the Court’s decision, which is similarly binding on
other national courts or tribunals before which a similar issue is raised.
Unofficial document for media use, not binding on the Court of Justice.
The full text and, as the case may be, an abstract of the judgment is published on the CURIA website on the day of
delivery.
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The transcription of a foreign civil status document consists in a faithful and literal transfer of its content in the Polish civil register. Transcription
thus gives rise to a Polish civil status record, detached from the original record, the probative value of which is the same as that of civil status records
drawn up in Poland.
Article 20 and Article 21(1) TFEU, read in the light of Article 7 and Article 21(1) of the Charter of Fundamental Rights of the European Union.
Enshrined in Article 7 of the Charter of Fundamental Rights and with the same meaning and scope as the right guaranteed in Article 8 of the
Convention for the Protection of Human Rights and Fundamental Freedoms. In that regard, the Court invokes, inter alia, the judgment of
12 December 2023 in Przybyszewska and Others v. Poland, in which the European Court of Human Rights held that Poland had failed to comply with its
positive obligation to establish a legal framework for the recognition and protection of same-sex couples.
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