The judgement does not introduce marital equality in Poland, but opens the way for further fighting. Already today, couples can apply for transcription in any civilian Office in Poland. The anticipation of its implementation depends solely on Deputy Prime Minister Gawkowski and Minister Kierwiński. Minister Żurek besides has an crucial function to play.
Why the sentence?
On 25 November 2025, the Court of Justice of the European Union (TEU) issued a preliminary ruling in the case of Jakub Cupriak-Trojan, Mateusz Trojan v Wojewód Mazowiecki concerning the transcription of abroad acts of same-sex couples in Poland. The Court ruled that Poland has a work to transcribe with respect to couples who have effectively exercised the EU's freedom of movement and have strengthened their household life in another associate State and then want to carry on in Poland. The judgement is simply a consequence to a request made by the Chief Administrative Court, which will issue its own ruling on it.
How do we implement it?
Transcription of abroad papers is an administrative substance and from the point of view of the letter of law civilian Offices can already do so today, citing the judgement of the TEU. In practice a slight change in the IT strategy is inactive needed, which makes it impossible to registry and make a matrimony certificate based on 2 same-sex data. The model matrimony act should besides be updatedto include a couple of same-sex spouses. These changes are within the remit of the ministers of digitization and administration, namely Krzysztof Gawkowski and Marcin Kierwiński, and do not require the consent of the Sejm and the President.
A fewer hours after the publication of the judgement of the TEU, the Love Association No Excluded (MNW) organised a peculiar press conference attended by Paweł Knut and Artur Kula from KMA, or lawyers representing James and Matthew, Renata Lis and Elżbieta Czerwińska, who applied for the transcription of their matrimony certificate concluded in Copenhagen, and Hubert Sobecki from the MNW, who submitted the completed annexes to the regulation and forwarded them to the Ministry of Digitization.
Q&A
1. What is the content of the judgment?
The full content of the key part of the judgement is as follows:
Articles 20 and 21(1) TFEU, read in the light of Articles 7 and 21(1) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that:
they preclude the government of a associate State which, due to the fact that the law of that associate State does not licence same-sex marriages, does not let the designation of a matrimony legally concluded by 2 nationals of that associate State having the same sex erstwhile exercising their freedom of movement and residence in another associate State in which they have developed or strengthened their household life, or the transcription for that intent of a matrimony certificate in the registry of civilian position of that first associate State, where that transcript is the only means of specified designation provided for by that State.
In another words, Poland has a work to recognise the same-sex matrimony abroad as regards couples who have effectively exercised the EU's freedom of movement and have strengthened their household life in another associate State and then want to prosecute it in Poland. Since in Poland the only way to recognise it is to transcribe (registration) specified an act, Poland is obliged to do it.
2. Did the conviction introduce marital equality in Poland?
Nope. matrimony equality can only be introduced by law, which requires the consent of the Sejm, the legislature and the President.
3. Is specified a judgement binding on Poland?
The conviction has been binding on Poland since it was issued and the Polish authorities are obliged to execute it. From now on, USC managers, as entities competent to transcribe, should change their current practice and may start issuing transcribed matrimony records.
4. Can the Polish authorities ignore specified a conviction that threatens them?
If the judgement is ignored, the Polish authorities will, among another things, be subject to financial sanctions from the European Union.
7. Does the implementation of this judgement require a change to the Polish Constitution?
Nope. The execution of the judgement does not require the amendment of the Polish Constitution or the consent of the Sejm, legislature or president of the Republic of Poland. It is only essential to let the same-sex matrimony certificate to be registered in the IT strategy and to update the models of matrimony certificates which the government can do by amending the existing regulation.
8. What does this conviction mean for couples of the same sex who married abroad?
Couples of same-sex people who have married abroad in another EU associate State – and who show that this country has developed or strengthened their household life – will be able to transcribe their matrimony certificate in Poland. Transcription will let further litigation and request designation of individual matrimony rights by court in Poland.
9. The European Court of Human Rights in Strasbourg has already ordered Poland respective times to introduce legal protection for same-sex couples and their children. How do these judgments disagree from the TEU judgment?
The ECHR judgments require a associate State to introduce government providing for circumstantial rights and obligations for same-sex couples, including in peculiar property matters (aliens, taxes or inheritance). Today's TEU judgement will make it importantly easier for a couple to show that they are of the same sex in a relation and thus make it easier to actually exercise these rights.
