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Case C-2/21: Order of the Court (Tenth Chamber) of 24 June 2022 (request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Krakowie — Poland) — Rzecznik Praw Obywatelskich (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Citizenship of the Union — Articles 20 and 21 TFEU — Right to move and reside freely within the territory of the Member States — Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child — Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status — Transcription of that certificate being a prerequisite for the issuing of identity documents — National legislation of that Member State of origin not recognising the parenthood of persons of the same sex)
ECLI:EU:UNKNOWN:62021CB0002
62021CB0002
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29.8.2022
Official Journal of the European Union
C 326/2
(Case C-2/21) (*)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Citizenship of the Union - Articles 20 and 21 TFEU - Right to move and reside freely within the territory of the Member States - Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child - Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status - Transcription of that certificate being a prerequisite for the issuing of identity documents - National legislation of that Member State of origin not recognising the parenthood of persons of the same sex)
(2022/C 326/02)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: Rzecznik Praw Obywatelskich
Other parties: K.S., S.V.D., Prokurator Prokuratury Okręgowej w Krakowie M.C., Prokuratura Krajowa, Kierownik Urzędu Stanu Cywilnego w Krakowie
Operative part of the order
Articles 20 and 21 TFEU, read in conjunction with Articles 7 and 24 of the Charter of Fundamental Rights of the European Union and Article 4(3) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, must be interpreted as meaning that, in the case of a minor child who is a citizen of the Union and whose birth certificate, issued by the authorities of a Member State, designates as that child’s parents two persons of the same sex, the Member State of which that child is a national (i) is obliged to issue to that child an identity card or a passport without requiring the prior transcription of a birth certificate of that child into the national register of civil status, and (ii) is obliged to recognise, as is any other Member State, the document from another Member State that permits that same child to exercise without impediment, with each of those two persons, his or her right to move and reside freely within the territory of the Member States.
(*) Date of filing: 4.1.2021.