Judgment of the EUSC on designation of single-sex marriages

Refuse to transcribe the matrimony certificate

Two Polish citizens in 2018 married in Germany. As a consequence of their intention to decision to Poland, they applied for a transcription of the matrimony certificate to the Polish registry of civilian position in order to recognise their relationship. Since the law does not let same-sex marriages, which would so violate the basic principles of the Polish legal order, the proposal was refused.

The spouses have challenged that decision. The case went to the NSA, which requested a preliminary ruling from the ECJ on the explanation of Article 20(2)(a) and Article 21(1) TFEU in conjunction with Articles 7 and 21(1) of the NRP and Article 2(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29.4.2004 on the right of citizens of the Union and their household members to decision and reside freely within the territory of the associate States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/431/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L L 64, 15.4.2004, p. 77).

The NSA so sought to find ‘that national government which does not licence the designation of same-sex matrimony concluded in another associate State or the transcription of a matrimony certificate to that effect into the registry of civilian position is compatible with Union law’.

Court ruling

In its judgement of 25.11.2025, C-713/23, the CEU ruled that the refusal to recognise a matrimony of 2 Union citizens of the same sex legally incorporated in another associate State in which they exercised their freedom of movement and residence was incompatible with European Union law. It infringes the freedom of movement and residence and the right to respect private and household life resulting from Article 7 of the NAP and Article 8 of the ECHR. It can origin both administrative and professional and private inconveniences and the spouses are forced to live in the country of origin as single persons.

The Court further noted that the work to recognise a single-sex matrimony does not jeopardise the public order of the associate State of origin of the spouses, nor does the national identity be affected. This work does not require the introduction of same-sex marriages in national law.

Transcription of a abroad matrimony certificate is only 1 way a associate State recognises specified marriage. These methods must not hinder or even prevent specified recognition, and this is the case where national law does not supply for single-sex couples to recognise the manner of designation appropriate for couples of the other sex.

Transcription, i.e. the formal transfer of the content of the abroad matrimony certificate to Polish civilian position books, is now the only available way to recognise abroad matrimony in Poland, and so the national state authorities are obliged to apply this procedure without distinction, both to single and both sex couples.

The deficiency of designation of marriages equivalent to those awarded to couples of different sexes constitutes discrimination on grounds of sexual orientation prohibited by Article 21(1) of the NPP. Therefore, if a associate State, within the scope of this recognition, decides to establish in its national law a single way for the designation of marriages concluded by Union citizens in the exercise of their freedom of movement and residence in another associate State, specified as in the present case, the transcription of a matrimony certificate into a registry of marital status, that associate State shall apply this method without discrimination to marriages concluded by the same sexes and marriages concluded by different sexes.

The importance of the ruling for Poland

The judgement of the TEU has echoed widely in public debate. Supporters of specified a decision indicate that the ruling is simply a triumph for respect for the rights of the individual and its dignity. The designation of abroad single-sex marriages by Poland is compulsory and its absence violates freedom of movement and residence. Poland, as a associate State of the European Union, must respect the Court's rulings.

There were besides voices of opposition to specified a decision. It points to the anticipation of re-interpreting the home legal order as a consequence of designation of the superiority of European Union law. The wording of Article 18 of the Constitution of the Republic of Poland is besides invoked, according to which matrimony is simply a relation between a female and a man, and thus explicitly excludes the designation of any another relation equal to that of another sex.