Member states of the European Union are required to recognize same-sex marriages concluded in other EU countries, the Court of Justice of the European Union stated on Tuesday, writes tv3.lv citing Reuters.
The court's decision concerns EU citizens who entered into a same-sex marriage in one of the bloc's countries.
The court stated that Poland acted unlawfully by refusing to recognize the marriage between two Polish citizens, concluded in Germany, citing that Polish legislation does not allow marriages between persons of the same sex.
"The refusal to recognize the marriage between two Union citizens contradicts EU law, as it violates the freedom and right to respect for private and family life," the court stated.
The European Court considered the case of a Polish couple who married in Berlin in 2018. After moving to Poland, they were denied registration of their marriage based on local legislation prohibiting same-sex marriages.
The court noted: "The refusal to recognize the marriage between two EU citizens contradicts EU law. It violates the freedom and right to private and family life."
It was also emphasized that EU citizens have the right to move freely and reside in other member states, as well as to lead a normal family life.
"Spouses, as citizens of the European Union, enjoy the freedom of movement and residence within the territory of member states, as well as the right to a normal family life, utilizing this freedom and returning to their country of origin," the court stated.
The court added that "such a refusal contradicts the legislation of the European Union" and "violates not only the freedom of movement and residence but also fundamental rights to respect for private and family life."
