Top Court Rules All EU States Must Recognise Same-Sex Marriages Registered Abroad

In a landmark judgment, the Court of Justice of the European Union (CJEU) has ruled that Poland acted unlawfully when it refused to recognise the marriage of a same-sex couple who wed in Germany.

The decision is a major victory for LGBTQ+ rights and sets a powerful precedent for EU countries that still deny legal recognition to same-sex couples.

The court judgement centres on the case of Jakub Cupriak-Trojan and Mateusz Trojan, a married same-sex Polish couple who tied the knot in Germany and later moved back to Poland.

When they attempted to have their marriage certificate transcribed into Poland’s civil register—a necessary step for recognition under Polish law—the authorities refused, citing the country’s ban on same-sex marriage. As a result, the couple has been treated as legal strangers in their home country.

Their challenge eventually made its way to Poland’s Supreme Administrative Court, which referred the matter to the CJEU.

The key question: Does refusing to recognise a same-sex marriage concluded in another EU country violate EU free movement rights and fundamental rights protections?

The CJEU’s answer was unequivocal: Yes.

A Violation of Free Movement and Fundamental Rights

The Court found that EU citizens have the right to move freely within the EU and to maintain their family life when doing so—including when they return to their country of origin.

If a couple marries in one EU state, the Court said, they must be able to continue that family life in any other Member State, regardless of whether that state itself provides for same-sex marriage.

The refusal to recognise such marriages, the Court held, causes “serious inconvenience” in daily and administrative life—affecting everything from taxation and property rights to social benefits, inheritance, pensions, employment, and even something as basic as using a married name.

The CJEU clarified that Member States are not required to introduce same-sex marriage domestically, but when they do recognise foreign marriages, they must apply those procedures equally to all couples, regardless of sexual orientation.

A Turning Point for Poland—and Beyond

Paweł Knut and Artur Kula, lawyers for the applicants, called the decision “a milestone” that opens “a new chapter in the fight for same-sex couples’ rights in Poland.”

With the judgment, Polish authorities will now be required to issue marriage certificates listing two spouses of the same sex—an unprecedented development in a country that still offers no domestic partnership or marriage equality.

ILGA-Europe’s Advocacy Director, Katrin Hugendubel, emphasised that the ruling reinforces the idea that the recognition of marital status is essential for EU citizens’ freedom of movement. She also urged the European Commission to ensure rapid implementation, pointing to the worrying trend of EU Member States ignoring previous CJEU rulings.

A Broader Impact on the EU’s Equality Landscape

The decision is expected to have significant implications for EU countries that lack any form of same-sex relationship recognition, including Bulgaria, Romania, Slovakia and Poland. It also strengthens the legal footing for same-sex couples in other EU states where marriage equality is not yet available domestically.