"In a ruling in regards to two Polish citizens who married in Germany, the European Court of Justice (ECJ) has said that EU member states are obliged to recognise a union between two EU citizens which has "lawfully concluded in another member state" and where the couple in question have "exercised their freedom to move and reside"."
"Refusal to recognise same-sex unions conducted in the EU is, the court has said, contrary to EU law and infringes on EU citizen's freedom to move and reside as well as their rights to respect for private and family life."
""The Member States enjoy a margin of discretion to choose the procedures for recognising such a marriage, and the transcription of a foreign marriage certificate is just one of the possible procedures," a summary of the judgement reads."
""Nevertheless, the Court emphasises that those procedures must not render such recognition impossible or excessively difficult or discriminate against same-sex couples on account of their sexual orientation, which is the case where national law does not provide, for same-sex couples, a procedure for recognition equivalent to that granted to couples of the opposite sex.""
The European Court of Justice ruled that EU member states must recognise a marriage lawfully concluded in another member state between two EU citizens who have exercised their freedom to move and reside. Refusal to recognise such same-sex unions conducted in the EU breaches EU law and infringes freedom of movement and rights to respect for private and family life. The obligation to recognise does not require member states to legalise same-sex marriage domestically. Member states may choose the procedures for recognition, and transcription of a foreign marriage certificate is one option. Those procedures must not make recognition impossible, excessively difficult, or discriminatory.
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