EU member states must recognize same-sex marriages when they are contracted in another EU country. This has been ruled by the Court of Justice of the European Union.
"The refusal to recognize a marriage between two citizens of the Union, lawfully contracted in another Member State, where they have exercised their freedom of movement and residence (…), violates that freedom, as well as the right to respect for private and family life," the court's ruling states.
The lawsuit was filed by two Polish citizens, one of whom also has German citizenship. They married in Berlin in 2018. They subsequently asked for their marriage to be recognized in Poland, but the authorities in Warsaw refused.
The EU Court of Justice emphasized that "member states have discretion in choosing the methods of recognizing such a marriage", but since there is no equivalent union for same-sex couples in Polish law, "re-registration is the only means" that can ensure that there is no discrimination.
What does this mean for Bulgaria?
As of November 2025, Poland, Bulgaria, Romania and Slovakia are the only countries in the EU that do not recognize any form of same-sex unions. Does the EU Court of Justice's decision mean that this will change? Not exactly, says lawyer Denitsa Lyubenova from the LGBTI organization "Deystvie". "Bulgaria has a solid track record of ignoring the decisions of the Court of Justice of the EU", she adds.
Lyubenova represented Lilia Babulkova and Darina Koilova before the European Court of Human Rights, which condemned Bulgaria. The two women married in the UK in 2016, but Bulgarian institutions refused to register it. "Bulgaria was condemned by the European Court of Human Rights in 2023 and has the obligation to create a form that recognizes same-sex relationships," recalls Lyubenova. "This obligation is now confirmed by the decision of the Court of Justice of the EU."
A series of court decisions means that same-sex marriages must be recognized throughout the EU. But when will this happen? It depends on the member states, explains lawyer Lyubenova. If Bulgaria does not create such a form - marriage, civil union or other - it could be subject to more lawsuits that it will lose and pay compensation accordingly, she confirms.
Author: Alexander Detev