CJEU ruling: Same-sex marriages must be recognised to protect EU free movement rights

At the end of November 2025, the Court of Justice of the European Union issued an important judgment strengthening the rights of EU citizens who marry in another Member State and later move within the EU.

What was the case about?

A same-sex couple married in Germany. When they later returned to Poland, the Polish authorities refused to enter the marriage into the civil registry, arguing that Polish law only recognises marriage between a man and a woman.

The case was brought before the CJEU.

What did the Court decide?

The CJEU made several key points:

• Member States must respect the right of EU citizens to move and reside freely within the Union.
• When citizens exercise this right, they must not lose their family rights along the way.
• Even if a Member State does not provide for same-sex marriage in its own national law, it may still be required to recognise a same-sex marriage legally concluded in another Member State, in order to safeguard basic rights such as residence and family unity.

Important: This ruling does not require Member States to introduce same-sex marriage into their domestic law.
However, it does require them to acknowledge an existing marriage for the purposes of EU free movement.

Why is this judgment important?

For many couples, recognition of their marriage is essential. Residence rights, administrative procedures, family reunification, and even tax or inheritance rights can depend on whether a marriage is officially recognised.

This ruling provides greater legal certainty for same-sex spouses moving within the EU and confirms that free movement protects families as they actually exist.

What does this mean for affected couples?

If you married in one EU Member State and plan to move to another country that does not provide for same-sex marriage, you may still have a right to have your marriage recognised for free movement purposes.