Free Movement of Same-Sex Spouses within the EU
This important case deals with family reunification rights of same-sex spouses under the Residence Directive. Directive 2004/38 grants the “spouse” of an EU citizen an automatic right to residence.
Facts:
Mr Coman, a Romanian national and Mr Hamilton, a US national, married in Belgium, while residing there. He wanted to return to Romania but they were informed by the Romanian authorities that Mr Hamilton did not have the right to reside lawfully in Romania as Mr Coman’s husband, because under the Romanian Civil Code, marriage between persons of the same sex is not recognised.
Findings of the court:
The Court of Justice ruled that the term ‘spouse’ for the purpose of the grant of family reunification rights, includes the same-sex spouse of a Union citizen who moves there in exercise of EU free movement rights, irrespective of whether the host state allows same-sex marriage in its territory.
Implications:
All EU Member States must respect the EU residency rights of same-sex spouses.