In November 2025, the Court of Justice of the European Union (CJEU) issued a groundbreaking ruling that significantly strengthens the protection of same-sex couples across the EU. According to the Court, every EU member state must recognise a same-sex marriage lawfully concluded in another member state, even if its own national law does not allow such marriages.
This decision marks one of the most substantial shifts in EU family-law-related jurisprudence in recent years.
The Background: A Case Originating in Poland
The ruling stems from a case involving Polish citizens who married in Berlin in 2018. Upon returning to Poland, they requested that their marriage be recognised by Polish authorities. The request was refused on the basis that Polish domestic law does not allow same-sex marriage.
The core legal question was straightforward:
Must a member state recognise a same-sex marriage concluded in another EU country, even if its domestic legislation prohibits such marriages?
According to the CJEU, the answer is yes — at least to the extent necessary to safeguard rights guaranteed by EU law.
The Court emphasised that refusing to recognise such a marriage interferes with:
- the right to free movement,
- the right to family life,
- and the prohibition of discrimination based on sexual orientation.
Key Conclusion of the Court
The CJEU held that:
- Member states retain full competence to define marriage in their own legal systems.
- However, they cannot deny recognition of a same-sex marriage concluded in another EU country when this recognition is required to ensure EU-law rights of the couple.
- This includes rights related to residence, social security, taxation, inheritance, and other benefits tied to marital status.
In short:
A marriage validly concluded in one EU country must be acknowledged for EU-law purposes in all member states.
Limitations and Practical Challenges
While the decision is a milestone, its practical implementation may involve several challenges:
1. No obligation to legalise same-sex marriage domestically
The ruling does not require member states to introduce same-sex marriage into their national legal order. They may continue to offer other institutions (such as registered partnerships).
2. Divergence between EU recognition and national registry entry
Some states may recognise the marriage for EU-law purposes but still refuse to enter it into national civil registers, owing to domestic legislation.
3. Administrative uncertainty and inconsistent practice
Local authorities may differ in their interpretation or may impose additional procedural requirements. Couples can therefore encounter delays, appeals, or the need for legal assistance.
What This Means for the Czech Republic
The Czech Republic currently does not allow same-sex marriage. Instead, it provides the institution of registered partnership.
However:
- Under EU law and the new CJEU judgment, the Czech Republic must recognise a same-sex marriage concluded in another EU member state, where necessary to secure rights linked to EU citizenship and free movement.
- The question of whether the marriage will be formally entered in the Czech civil registry remains subject to Czech domestic law — and administrative practice can vary.
Couples may therefore face obstacles when dealing with authorities concerning residence rights, property matters, family-status documentation, or inheritance.
How We Can Help
If you and your partner married abroad and need support in the Czech Republic, we offer comprehensive legal assistance, including:
- Consultations on the recognition of same-sex marriages or registered partnerships concluded abroad.
- Assistance with registering or recording the foreign marriage or partnership in Czech records, where possible.
- Representation before Czech authorities, including the civil registry and immigration authorities.
- Advice concerning residence rights, family status, inheritance, taxation, and general protection of family life under Czech and EU law.
Every case is unique — we will help you navigate the administrative and legal landscape so your family rights are protected and recognised.
