Validity of Same-Sex Marriage in France for EU Citizens

Extract

[...] The German law allows same-sex marriage. Article 202-1 of the Civil Code states that, as a general rule, the conditions of the marriage are governed by the personal law of each spouse. By derogation, a marriage between people of the same sex can be validly celebrated in France, provided that at least one of the future spouses is subject to a personal law or the law of their state of domicile or residence that authorizes same-sex marriages. In this case, according to Article 202-1, paragraph 1he of the Civil Code, it would be advisable to apply the conditions of the German law for Tim and those of the Polish law for Roman. [...]

[...] The problem is as follows: can Poland refuse to transcribe a validly established marriage certificate in France? According to the Trojan judgment (CJEU, G.C November 2025, Trojan v. Mazowiecki Voivodeship, Case C-713/23), made on the basis of the free movement of European citizens, a member state of the European Union cannot refuse to recognize a validly celebrated marriage in another member state of the European Union. Recognition must be made in accordance with national law, in particular by transcription if it is the only means provided by the member state. [...]

[...] The validity of the celebration of the marriage in France For a marriage to be validly celebrated, it is necessary to respect conditions of form and substance (B.). Given that there is no international convention and no European regulation regarding the conditions of validity of marriages in international matters, it is necessary to apply the common French law. A. The conditions of form In this case, a marriage must be celebrated in France between Tim, of German nationality, and Roman, of Polish nationality. [...]

[...] Therefore, they must respect the conditions of form of French law, and not those of German or Polish law. Thus, the marriage will be validly celebrated if it respects the conditions of form of French law. We assume that the French civil registrar will ensure the respect of these conditions. B. The conditions of substance In this case, a marriage must be celebrated in France between a German and a Pole. The problem is as follows: can the marriage be validly celebrated in France? The Polish law does not allow same-sex marriage. [...]

[...] As previously seen, the marriage will be validly celebrated in France, which is a member of the European Union. It must be recognized in Poland, which is also a member of the European Union. According to the Trojan judgment, Poland cannot therefore refuse to recognize the marriage between Tim and Roman, even if the heterosexuality of the marriage is constitutionally affirmed. Since Polish law only provides for the transcription of the marriage as a means of recognition, the marriage of Tim and Roman must be transcribed. [...]