CEDH · CASELAW;COMMUNICATEDCASES;ENG — 9 juillet 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .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 } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 28 July 2025   THIRD SECTION Application no. 9072/25 M. and S. against Serbia lodged on 13 March 2025 communicated on 9 July 2025 SUBJECT MATTER OF THE CASE The applicants are a same-sex couple who have been living together for five years. On 22 May 2019 their marriage application was rejected. The authorities held that the Family Act expressly prohibits same-sex marriages. No other form of legal recognition for the same-sex couples exists in Serbia. On 23 October 2024 the Constitutional Court confirmed the decision that a marriage can only be formed by two persons of the opposite sex. This decision was served on the applicants on 14 November 2024. Relying on Article 8 taken alone and in conjunction with Article 14 of the Convention, the applicants complain about their inability to have their relationship legally recognised. 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? In particular, in view of the Contracting Parties’ positive obligations under Article 8, should the applicants be afforded the possibility to have their relationship recognised and protected by law ( see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 152-225, 17 January 2023;   Buhuceanu and Others v. Romania , nos.   20081/19 and 20 others, §§ 72-84, 23 May 2023; and Przybyszewska and Others v. Poland , nos. 11454/17 and 9 others, §§ 97-124 12 December 2023)?   2.     In what specific ways are the applicants disadvantaged by the lack of any legal recognition of their relationship?   3. 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 read in conjunction with Article 8 of the Convention, in respect of their inability to get married or enter into any other type of civil union recognising their relationship in Serbia (see Maymulakhin and Markiv v. Ukraine , no. 75135/14, §§ 60-81, 1 June 2023)?