The ruling concerns a Polish couple who married in Germany but did not receive recognition in Poland. According to the judges, this refusal infringes on the rights that EU citizens should exercise across all EU countries. Their family life must also be legally recognized in their home country.
The judges state that all governments must treat foreign marriages equally, regardless of their own national laws regarding marriages between persons of the same sex. EU countries may maintain their own marriage legislation but must simultaneously respect the free movement and family life of EU citizens.
According to the rulings, the Polish restrictions affect a fundamental right: free movement within the EU. If a marriage is contracted in one EU country, citizens must be able to trust that this marriage will also have legal consequences in another country.
The judges emphasize that refusal to recognize a same-sex marriage has a direct impact on the daily lives of couples. This includes residence status, administrative procedures, and access to legal protection that normally arises from a recognized marriage.
Polish law recognizes no form of marriage or registered partnership for same-sex couples. According to the judges, this means that Poland does not provide an adequate legal framework to safeguard the family life of these citizens.
The EU Court has previously ruled that Poland falls short on this point. Earlier jurisprudence established that the absence of a provision for same-sex couples violates the right to respect for private and family life. This new ruling aligns with that.
The recent ruling also refers to the necessity of legal recognition that provides stability and clarity to the couples involved. The Court reiterates that the absence of such a provision amounts to a continuous violation of EU citizens' rights.
The Polish government must now take steps to recognize foreign marriages. Although the ruling does not impose an obligation to introduce same-sex marriage domestically, it does compel recognition of marriages concluded in other EU countries to protect citizens' rights.