Poland: the Supreme Court has confirmed the country’s legal obligation to recognise same-sex marriages concluded abroad

The Court said that Poland’s refusal to recognise same-sex marriages concluded abroad is incompatible with EU law. It follows an earlier judgment of the Court of Justice of the European Union (CJEU) that required Poland to recognise same-sex marriages legally concluded in other EU Member States.

The case, ongoing since 2019, concerns a couple who were repeatedly refused transcription of their marriage certificate by the Civil Registry Office.

The Court has ordered the Civil Registry Office to transcribe the couple’s marriage certificate within 30 days once it receives the case files. This effectively closes the case and marks a significant legal breakthrough.

“Today’s judgment is a victory for the many same-sex couples in Poland who have been deprived of marriage recognition for years and a first step towards equality,” said Marie-Hélène Ludwig, our Senior Strategic Litigation Advisor at ILGA-Europe.

“It also shows that domestic courts can swiftly implement CJEU judgments, contrary to what we have seen in other CJEU cases”.

Together with Polish civil society organisations and legal experts we will be closely monitoring compliance by authorities, as this ruling sets a precedent.

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