Every EU member state must recognise same-sex marriages legally performed in another EU country, the European Court of Justice ruled on Tuesday.
The court found Poland at fault for refusing to recognise the marriage of two Polish citizens who wed in Germany, arguing that Polish law does not allow same-sex unions.
According to the ruling, the refusal breaches EU law because it restricts the couple’s freedom of movement within the Union and prevents them from exercising rights already granted in another member state.
It also violates the right to private and family life, the judges said.
The decision stresses that EU states are obliged to acknowledge family status legally obtained in another member state for the purpose of rights under EU law.
However, the court clarified that Poland is not required to legalise same-sex marriage within its own national legislation.
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