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Trojan and Cupriak-Trojan, Case C-147/24, CJEU (Grand Chamber), 25 November 2025

Date
25/11/2025
Type Judgment
Case number C-713/23
Link

Thematic areas

Advocate General

President

Country

Abstract

Recognition of family status within the EU territories and same-sex marriage.

Normative references

Art. 20 TFEU
Art. 21 TFEU

 

Art. 7 Charter
Art. 21 Charter

 

Ruling

1. Union citizenship constitutes the fundamental status of the nationals of the Member States, and among the rights attaching to that status is the right to lead a normal family life, both in the host Member State and in the Member State of which the persons concerned are nationals.

2. Although the rules governing marriage fall within the competence of the Member States and Union law does not prejudice that competence, each Member State must, in exercising it, comply with Union law and, in particular, with the provisions of the TFEU concerning the freedom of every Union citizen to move and reside within the territory of the Member States, which requires, to that end, recognition of the personal status validly established in another Member State in accordance with the law of that State.

 

3. Articles 20 and 21 TFEU, read in conjunction with Articles 7 and 21 of the Charter, preclude national legislation which, on the ground that domestic law does not permit marriage between persons of the same sex, refuses to recognise a marriage lawfully contracted by two citizens in the course of the exercise of their freedom of movement and residence in another Member State, where they developed and consolidated a family life.