According to the ruling of the Court of Justice of the European Union, a Member State of the European Union (EU) has the obligation to recognize a marriage between two Union citizens of the same sex that has been lawfully concluded in another Member State where they have exercised their freedom to move and reside.
Two Polish citizens who were married in Germany are requesting that their marriage certificate be transcribed in the Polish civil register so that their marriage would be recognized in Poland. The competent authorities refused their request on the ground that Polish law does not allow marriage between persons of the same sex.
The top European Court, in answer to a question referred to it by a Polish national court, finds that refusing to recognize a marriage between two Union citizens, lawfully concluded in another Member State where they have exercised their freedom to move and reside, is contrary to EU law because it infringes that freedom and the right to respect for private and family life.
The ruling concludes, when a Member State chooses to provide for a single procedure for recognizing marriages concluded in another Member State, such as the transcription of the marriage certificate in the civil register, it is required to apply that procedure equally to marriages concluded between persons of the same sex.
You can read the ruling here.
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