On 3 April 2025, Advocate General Jean Richard de la Tour of the Court of Justice of the European Union (CJEU) issued a significant Opinion in Case C-713/23 – Wojewoda Mazowiecki. The case concerns the right of same-sex couples, married in one EU Member State, to have their marital status recognised in another Member State that does not itself permit same-sex marriage. The Opinion raises key issues regarding the relationship between national laws and EU law in the fields of personal status, freedom of movement, and respect for private and family life.

Factual Background

Two Polish nationals—one of whom also holds German nationality—were lawfully married in Berlin in 2018. They subsequently applied for the transcription of their German marriage certificate into the Polish civil register. The request was denied on the grounds that Polish law does not recognise same-sex marriage, and that such transcription would allegedly violate the fundamental principles of the Polish legal order.

The couple challenged the refusal before Polish administrative courts, asserting their intention to move and reside in Poland as a married couple. The Polish Supreme Administrative Court referred a preliminary question to the CJEU, asking whether such a refusal—both to recognise the marriage and to transcribe the marriage certificate—complies with EU law.

Legal Issues for the CJEU

The core legal issue in this case is whether a Member State’s legislation or administrative practice that neither allows recognition of a same-sex marriage concluded in another Member State, nor permits the transcription of the corresponding marriage certificate, is compatible with EU law—specifically:

• Articles 20 and 21(1) of the Treaty on the Functioning of the European Union (TFEU), and
• Article 7 of the Charter of Fundamental Rights of the European Union (respect for private and family life).

Advocate General’s Legal Reasoning

The Advocate General acknowledged that matters of personal status—including the institution of marriage—fall within the exclusive competence of the Member States. However, the exercise of that competence must comply with EU law.

He concluded that:

• A Member State’s refusal to recognise a same-sex marriage concluded in another Member State limits the right of EU citizens to move and reside freely and interferes with their right to respect for private and family life,
• Member States that do not themselves permit same-sex marriage must nevertheless establish appropriate procedures to ensure that such marriages, when concluded in other Member States, are made legally effective and visible to third parties—particularly for matters such as taxation, inheritance, and property rights,
• Transcription of a foreign marriage certificate is not necessarily required, provided that alternative mechanisms exist that allow the couple’s marital status to be recognised and produce legal effects.

Specific Context of the Polish Case

In the present case, the Advocate General found that Poland does not offer any alternative mechanism for the legal recognition of same-sex marriages. There is no other document or legal instrument available to prove or register such a marital status under Polish law.

Given the complete lack of any other solution, the Advocate General concluded that Poland is obliged to transcribe the foreign marriage certificate, since this is the only way to ensure that the couple’s marital status is recognised and their EU rights are upheld.

Implications for Future Case Law of the CJEU

While an Advocate General’s Opinion is not binding on the CJEU, it significantly influences the Court’s final judgment. The judges have begun their deliberations, and the ruling will follow in due course. The Opinion aligns with previous CJEU case law and also with the European Court of Human Rights’ decision of 12 December 2023 in Przybyszewska and Others v. Poland, in which Poland was found to have failed to create a legal framework for the recognition and protection of same-sex unions.

Conclusion

The Opinion in Case C-713/23 – Wojewoda Mazowiecki reaffirms that EU law protects fundamental rights, even in areas where national legal systems diverge. While Member States retain sovereignty over personal status, they must exercise that sovereignty in a way that respects EU rights and freedoms, including ensuring that same-sex marriages lawfully concluded in another Member State are recognised in practice.

* Finding yourself in need of legal services in Slovenia and looking for a law firm in Ljubljana, consider contacting us using our contact details as published on our web page. A qualified law firm can provide you with legal advice and representation – helping you navigate the complexities of Slovenian law and ensuring that your rights are protected. You can find more information on legal acts in Slovenia on the official pages of the Slovenian government. More legal topics can be found on our law firm publications page.