CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 septembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s3B53EBCA { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; font-size:7pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } Published on 23 September 2024   FIRST SECTION Application no. 5059/22 Bartłomiej GRUSZCZYŃSKI-RĘGOWSKI and Franciszek   GRUSZCZYŃSKI-RĘGOWSKI against Poland and 9 other applications (see list appended) communicated on 5 September 2024 SUBJECT MATTER OF THE CASE The applications concern the lack of legal recognition of same-sex couples. The applicants form same-sex couples who were married abroad and applied to have their marriage certificates registered in Poland. On various dates the relevant Head of the Civil Status Office refused their requests finding that registering their marriages would be contrary to the Polish legal order in breach of, inter alia, Article 18 of the Constitution which provides that a marriage is only possible between two people of opposite sex. The applicants appealed but the decisions were upheld by the relevant Governors. Most of the applicants lodged further appeals to the relevant administrative court which dismissed their appeals. The courts relied on clear domestic law and practice which made it impossible to register a foreign marriage concluded between two persons of the same sex. The applicants complain under Article 8 on its own and in conjunction with Article 14 of the Convention about the absence of any form of legal recognition and protection for same-sex couples in Poland and the impossibility to have their foreign marriage certificates registered there.     QUESTIONS TO THE PARTIES 1.     Has there been a violation of the applicants’ right to respect for their private and family life, contrary to Article   8 of the Convention? Reference is made to the allegation that the State failed in their positive obligation to ensure that the applicants had a specific legal framework providing for the recognition and protection of their same-sex unions and/or to register their marriages contracted abroad (see Przybyszewska and Others v. Poland , nos.   11454/17 and 9 others, 12 December 2023).   2.     Have the applicants suffered discrimination in the enjoyment of their Convention rights on the ground of their sexual orientation, contrary to Article 14 of the Convention in conjunction with Article 8 of the Convention in respect of their inability to (i) register their marriages contracted abroad and (ii) enter into any other type of civil union recognising their respective relationships in Poland?     APPENDIX No. Application no. Lodged on Case name Applicant Year of Birth Place of Residence Nationality Represented by Date of marriage and domestic proceedings 1. 5059/22   08/01/2022 Gruszczyński-Ręgowski v. Poland Bartlomiej GRUSZCZYŃSKI-RĘGOWSKI 1976 Warsaw Polish Franciszek GRUSZCZYŃSKI-RĘGOWSKI 1983 Warsaw Polish   Anna MAZURCZAK On 04/04/2018 the applicants were married in the United Kingdom. On 04/06/2018 the Head of the Warsaw Civil Status Office dismissed their request to register their marriage contracted abroad. The applicants’ appeal was dismissed by the Mazowiecki Governor on 27/07/2018. Their further appeals were dismissed by the Warsaw Regional Administrative Court on 25/01/2019 and the Supreme Administrative Court on 22/06/2021 (notified on 08/07/2021).   2. 18398/22   31/03/2022 Sakari Alatarvas and Żelech-Alatarvas v. Poland Mikko SAKARI ALATARVAS 1990 Oulu Finnish Kajetan ŻELECH-ALATARVAS 1989 Oulu Polish   Katarzyna WARECKA On 15/05/2020 the applicants were married in Finland. On 22/07/2021 the Head of the Zielona Gora Civil Status Office dismissed their request to register their marriage contracted abroad. On 06/12/2021 the Lubuskie Governor dismissed the applicants’ appeal. 3. 52470/22   04/11/2022 Kwieciński and Mycek v. Poland Jakub KWIECIŃSKI 1981 Smołdzino Polish Dawid MYCEK 1984 Smołdzino Polish   Karolina GIERDAL On 09/06/2017 the applicants were married in Portugal. On 11/05/2018 the Head of the Office dismissed their request to register their marriage contracted abroad. On 27/07/2018 the Mazowiecki Governor dismissed the applicants’ appeal. Their further appeals were dismissed by the Warsaw Regional Administrative Court on 08/01/2019 and the Supreme Administrative Court on 06/07/2022.   4. 52616/22   04/11/2022 Przepiórkowski and Urban v. Poland Miłosz PRZEPIÓRKOWSKI 1979 Warsaw Polish Mateusz Józef URBAN 1981 Warsaw Polish Karolina GIERDAL On 29/04/2022 the applicants were married in Germany. On 15/06/2022 the Head of the Warsaw Civil Status Office dismissed their request to register their marriage contracted abroad. On 26/08/2022 the Mazowiecki Governor upheld that decision. On 24/01/2023 the Warsaw Regional Administrative Court dismissed their appeal.   5. 55117/22   15/11/2022 Baka and Skowron-Baka v. Poland Hanna BAKA 1963 Warsaw Polish Karolina SKOWRON-BAKA 1986 Gdańsk Polish   Karolina GIERDAL On 18/05/2022 the applicants were married in Portugal. On 07/07/2022 the Head of the Warsaw Civil Status Office dismissed their request to register their marriage contracted abroad. On 09/09/2022 the Warsaw Governor dismissed their appeal. On an unknown date the Warsaw Regional Administrative Court dismissed the applicants’ appeal. 6. 9864/23   23/12/2022 Starska-Wika v. Poland Barbara Gabriela STARSKA 1987 Namsos Polish Karolina GIERDAL On 28/01/2022 the applicant was married to her same-sex partner in Norway. On 18/08/2022 the Head of the Łódź Civil Status Office dismissed the request to register her marriage contracted abroad. On 16/11/2022 the Łódź Governor upheld the decision. On 24/05/2023 the Łódź Regional Administrative Court dismissed the appeal.   7. 22036/23   12/05/2023 Rek and Kowalewska v. Poland Agata REK 1990 Warsaw Polish Monika KOWALEWSKA 1984 Warsaw Polish Karolina GIERDAL On 30/06/2022 the applicants were married in Portugal. On 14/11/2022 the Head of the Warsaw Civil Status Office dismissed their request to register their marriage contracted abroad. On 09/01/2023 the Mazowiecki Governor upheld that decision. On 20/06/2023 the Warsaw Regional Administrative Court dismissed the appeal. 8. 26734/23   20/06/2023 Barabasz and Kowalska v. Poland Emilia BARABASZ 1980 Warsaw Polish Agata KOWALSKA 1981 Warsaw Polish   Anna MAZURCZAK On 16/08/2018 the applicants were married in Germany. On 27/02/2019 the Head of the Warsaw Civil Status Office dismissed their request to register their marriage contracted abroad. On 13/05/2019 the Mazowiecki Governor upheld that decision. Their further appeals were dismissed by the Warsaw Regional Administrative Court on 18/09/2019 and the Supreme Administrative Court on 14/12/2022 (notified on 20/02/2023).   9. 33160/23   22/08/2023 Klink and Słabosz v. Poland Karolina KLINK 1986 Cracow Polish Magdalena SŁABOSZ 1991 Cracow Polish     On 03/09/2022 the applicants were married in Portugal. On 13/01/2023 the Head of the Kraków Civil Status Office dismissed their request to register their marriage contracted abroad. On 18/04/2023 the Małopolski Governor upheld that decision. On 30/11/2023 the Kraków Regional Administrative Court dismissed their appeal.   10. 38755/23   12/10/2023 Kubiah and Bryg v. Poland Gniewomir Adam KUBIAH 1984 Nürnberg Polish Kamil BRYG 1987 Nürnberg Polish Karolina GIERDAL On 02/12/2020 the applicants were married in Germany. On 11/04/2023 the Head of the Wrocław Civil Status Office dismissed their request to register their marriage contracted abroad. On 05/06/2023 the Dolnośląski Governor upheld that decision. Their appeal is pending before the Wroclaw Regional Administrative Court.