Advocate General of the Court of Justice of the European Union: Same-Sex Marriages Celebrated in One Member State Must Be Recognized Throughout the European Union

Janaína Albuquerque
22 hours ago
3 min read

Updated: 19 hours ago

On 3 April 2025, the Court of Justice of the European Union (CJEU) published the Opinion of Advocate General Richard de la Tour concerning the recognition of same-sex marriages within the European Union. The Opinion comes at a pivotal moment for LGBTQIA+ rights and the continued development of free movement and family recognition across the EU.

The case giving rise to the Opinion (Case C-713/23 | Wojewoda Mazowiecki) concerns two Polish nationals—one of whom also holds German citizenship—who lawfully married in Germany in 2018. However, the Polish authorities refused to register (transcribe) their marriage, arguing that recognizing a same-sex marriage would be contrary to the fundamental principles of Polish public policy.

The Advocate General's Position

Advocate General Richard de la Tour concluded that all EU Member States are required to recognize same-sex marriages lawfully concluded in another Member State whenever such recognition is necessary to safeguard the European Union citizens' rights to free movement and residence—one of the cornerstones of EU law.

He further stated that refusing to recognize such marriages would interfere with the individuals' right to respect for private and family life, as protected under European law.

National Competence, European Obligations

The Opinion acknowledges that matters relating to personal status, including the regulation of marriage, remain within the competence of each Member State.

However, when exercising that competence, Member States must comply with their obligations under European Union law. Although EU law does not require every Member State to legalize same-sex marriage domestically, it does require them to ensure that marriages lawfully celebrated elsewhere in the Union are recognized where necessary to give effect to fundamental rights guaranteed by EU law.

Accordingly, Member States must provide an effective mechanism for recognizing these marriages so that couples may enjoy essential legal rights relating to matters such as:

inheritance;
property rights;
healthcare decision-making; and
other legal consequences arising from family status.

The Question of Civil Registration

An important procedural issue addressed by the Advocate General concerns civil registration.

EU law does not, in itself, require Member States to transcribe foreign marriage certificates into their civil registers. Nevertheless, Advocate General de la Tour reasoned that where a Member State neither permits same-sex marriage domestically nor provides any alternative legal mechanism for recognizing such marriages, it must allow the foreign marriage certificate to be transcribed if that is the only effective way to secure full legal recognition.

Looking Ahead

Although the Advocate General's Opinion is not legally binding, it frequently serves as an influential guide for the Court's final judgment.

The forthcoming decision is expected to have significant implications for same-sex couples throughout the European Union by promoting greater legal certainty and predictability for cross-border families. It may also require Member States to adapt aspects of their domestic legal systems to ensure compliance with the European framework for the protection of fundamental rights.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. If you require guidance regarding your specific circumstances, please consult a qualified legal professional.