CJEU Judgment: Poland must recognise Same-Sex Marriage entered into in Germany
In its judgment of 25.11.2025 in Case C-713/23, the Court of Justice of the European Union ruled that Member States are required, for the purposes of exercising rights derived from EU law, to recognise the marital status of their nationals acquired through a lawful marriage concluded in another Member State, irrespective of the sex of the spouses.
In Case C-713/23 | Wojewoda Mazowiecki, the Court held that a Member State such as Poland is obliged to recognise a same-sex marriage between two EU citizens where that marriage was lawfully concluded in another Member State.
The story began in 2018 when two Polish nationals married in Berlin. As EU citizens, they had exercised their right to freedom of movement and residence in Germany, where same-sex marriage is legal. Upon returning to Poland, they sought recognition of their marriage by requesting the transcription of their German marriage certificate into the Polish civil registry.
The Polish authorities refused the request, arguing that Polish law does not recognise same-sex marriage and that such transcription would violate fundamental principles of the Polish legal order. The couple challenged the refusal, and the case eventually reached the Polish Supreme Administrative Court, which referred questions to the Court of Justice as to whether such a refusal is compatible with EU law.
In its judgment delivered in Luxembourg on 25.11.2025, the Court of Justice clearly held that the refusal to recognise a same-sex marriage of two EU citizens lawfully concluded in another Member State is contrary to EU law. The reasons are several:
EU citizens have the right to move and reside freely within the Union without discrimination. If a couple marries in one Member State, they cannot be forced to live as “single” persons upon returning to their home Member State. Such a situation would create serious obstacles in administrative, professional and private life.
The Court emphasised that where couples begin family life in the host Member State, they must be able to continue that family life after returning home. Importantly, the Court of Justice does not require Poland to introduce same-sex marriage into its domestic law. The definition of marriage remains within the competence of the Member States. However, if a Member State establishes a single method for recognising marriages concluded abroad (e.g. transcription into the civil registry), it must apply that method to same-sex marriages without discrimination.
The Court also noted that Member States retain discretion as to the form of recognition: transcription into the registry is possible, but other forms are equally acceptable. This judgment is groundbreaking, particularly for countries where same-sex marriage is not legally recognised.
