Judgment of the Court (Grand Chamber) of 25 November 2025 (request for a preliminary ruling from the Naczelny Sąd Administracyjny – Poland) – Jakub Cupriak-Trojan, Mateusz Trojan v Wojewoda Mazowiecki

(Case C-713/23, ¹ Wojewoda Mazowiecki)

(Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Articles 7 and 21 of the Charter of Fundamental Rights of the European Union – Right to move and reside freely within the territory of the Member States – Union citizens of the same sex who have entered into a marriage in the exercise of that right – Obligation on the part of the Member State of origin to recognise and transcribe the marriage certificate in the civil register – National legislation which does not permit such recognition or transcription on the ground that same-sex marriage is not allowed)

Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings

Appellants: Jakub Cupriak-Trojan, Mateusz Trojan

Respondent: Wojewoda Mazowiecki

Other parties to the proceedings: Prokurator Prokuratury Okręgowej w Warszawie, Prokurator Regionalny w Warszawie

Operative part of the judgment

Article 20 and Article 21(1) TFEU, read in the light of Article 7 and Article 21(1) of the Charter of Fundamental Rights of the European Union,

must be interpreted as precluding 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, or the transcription for that purpose 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.

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¹ OJ C, C/2024/2009.