Your law firm for family and inheritance law in Hamburg and Kiel

ECJ: Recognising same-sex marriage when exercising freedom of movement

Judgment of 25 November 2025 - Case C-713/23 („Trojan“)

The Court of Justice of the European Union has ruled that a Member State may not refuse to recognise a same-sex marriage legally entered into in another EU country if this recognition is necessary for the exercise of freedom of movement under EU law.

The proceedings were based on the fact that a Polish-German national in Germany Polish nationals got married. After the marriage, the spouses applied for the German marriage certificate to be transferred to the Polish civil status register. The Polish authorities refused on the grounds that national law does not provide for marriage between persons of the same sex.

The ECJ saw this as a violation of Art. 20 and 21 TFEU and against Art. 7 and Art. 21 (1) of the Charter of Fundamental Rights of the European Union. The refusal of the transfer hinders the freedom of movement of the persons concerned and constitutes unlawful discrimination on the grounds of sexual orientation. It effectively forces the spouses to live as single persons in the Member State of origin.

In the opinion of the Court of Justice, the obligation to recognise does not interfere with the national competence to define the concept of marriage. Its sole purpose is to safeguard the freedom of movement and residence guaranteed under EU law. National identity and public policy do not stand in the way of this.

Practical relevance:

If a Member State has only one mechanism for recognising marriages contracted abroad, it must also be open to same-sex marriages without distinction.

Dr Marko Oldenburger

Dr Oldenburger advises and represents individuals, different and same-sex couples on the path to fertility fulfilment, including surrogacy and international adoptions. Send him an e-mail at (oldenburger@schneiderstein.de) or use our Contact form.
By the way: We offer country-specific package prices for surrogacy and international adoption procedures from A-Z (fixed prices) or modular fees depending on your service requirements. This means that your expenses can be calculated from the outset. Further information on the desire to have children here.