Cupriak-Trojan – Introduction to the On-line Symposium

The Court of Justice gave on 25 November 2025 its much-awaited judgment in Cupriak-Trojan (C-713/23). The ruling clarified the implications of Article 20 and Article 21(1) of the Treaty on the Functioning of the European Union (TFEU), concerning the citizenship of the Union, for the recognition of same-sex marriages across the Member States of the EU.

Specifically, the Court ruled that the above provisions, read in the light of Article 7 and Article 21(1) of the Charter of Fundamental Rights of the European Union (the Charter), on respect for private and family life and non-discrimination, preclude

legislation of a Member State which, on the ground that the law of that Member State does not allow marriage between persons of the same sex, does not permit the recognition of a marriage between two same-sex nationals of that Member State concluded lawfully in the exercise of their freedom to move and reside within another Member State, in which they have created or strengthened a family life.

EU primary law, the Court also explained, likewise precludes legislation that does not permit, in the described circumstances,

the transcription … of the marriage certificate in the civil register of the first Member State, where that transcription is the only means provided for by that Member State for such recognition.

The ruling adds a new chapter to the Court’s evolving case law on the cross-border portability of personal status and gender identity, following Coman (C-673/16), Pancharevo (C-490/20), K.S. (C-2/21), and Mirin (C-4/23). Another case on related issues is expected to be decided in the not too distant future Shipov, (C-43/24). Its relevance lies not only in the continuation of this case law line but also in assessing whether the Court has consolidated a pre-existing trend or has gone further.

An online symposium will be held on the EAPIL blog to discuss the Court’s Cupriak-Trojan ruling and the effects it entails.

On 9 December 2025, Laima Vaigė will provide a general presentation of the judgment and discuss its significance for the development of EU private international law. Alina Tryfonidou will then explore the implications of the judgment from a free movement and EU constitutional law perspective.

The day after, Elizabeth Stuart Perry will compare Cupriak-Trojan with Obergefell v. Hodges, the 2015 decision of the US Supreme Court whereby same-sex couples were recognised the right to marry in the US.

On 11 December, Anna Wysocka-Bar will address the consequences of Cupriak-Trojan in Poland, the Member State in which the case originated.

Finally, Marco Pasqua will assess the Court’s judgment in light of the recently adopted LGBTIQ+ Equality Strategy of the European Commission.

Readers are invited to share their views and feed the conversation by commenting on the posts.