The Court of Justice of the European Union (CJEU): National laws must not infringe upon the fundamental rights of cross-border family structures.

On 25 November 2025, the Court of Justice of the European Union (CJEU) issued a landmark ruling affirming that when a same-sex marriage, lawfully concluded in one EU Member State, is refused recognition by another Member State to which the couple has moved, such refusal constitutes a violation of the EU-protected right to normal family life.

The case concerned two men who were legally married in Germany and later returned to Poland. Polish authorities refused to register their marriage in the national civil registry. The Court held that this refusal violates the fundamental right to private and family life, which is protected under EU law.

The Court emphasized that:

• EU Member States must ensure the continuity and recognition of family life when citizens exercise their free movement rights within the Union.

• A marriage that is validly established in one Member State must not be denied recognition solely because the spouses are of the same sex.

• Poland’s refusal interfered with the couple’s rights related to residence, legal status, social entitlements, and the general ability to conduct a normal family life, thereby breaching EU fundamental rights protections.

This ruling is regarded as a significant milestone in the EU’s ongoing effort to safeguard marriage equality, cross-border family rights, and the legal certainty of individuals who exercise their right to free movement within the European Union.