CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 janvier 2026

.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 26 January 2026   SECOND SECTION Application no. 11330/24 Martynas NORBUTAS and Marius ŠAMATULSKIS against Lithuania lodged on 7 April 2024 communicated on 7 January 2026 SUBJECT MATTER OF THE CASE The application concerns the impossibility to register in Lithuania the applicants as a same-sex couple, either through marriage, civil partnership or any other form. The applicants, two male Lithuanian citizens, submit that they have lived together for many years in Vilnius as a same-sex couple. On 20   April 2023 the applicants requested the Vilnius Civil Registry Office to register their same-sex marriage. On 21   April 2023 the authorities refused the request on the basis that, under the domestic law, marriage can be concluded only between persons of different sex. The applicants appealed to a court. On 28   July 2023 the Vilnius City District Court dismissed their appeal, having pointed out that, under Article   38 § 3 of the Constitution, marriage could be concluded upon the free mutual consent between a man and a woman. The applicants lodged an appeal with the Vilnius Regional Court. They argued, among other, that the lower court had ignored the most recent developments, including the Court’s case-law, in connection with the States’ positive obligation to recognise same-sex families. On 21   November 2023 the Vilnius Regional Court dismissed the applicant’s appeal, having held that, whilst the courts had an obligation to follow the Court’s jurisprudence, given the existing legal regulation under the Constitution, pursuant to which it was clearly and unequivocally established that marriage could be concluded only between a man and a woman, the lower court had been obliged to follow the existing domestic law. The applicants appealed to the Supreme Court which, on 22   February 2024, refused to examine their appeal on points of law. The applicants complain under Article   8 of the Convention that the Lithuanian legal system does not allow for a recognition of their relationship, denying the right to family in any form to the applicants. This amounts to discrimination on the grounds of their sexual orientation in breach of Article   14, in conjunction with Article   8 of the Convention. 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, §§   152-125, 17 January 2023; Buhuceanu and Others v. Romania , nos. 20081/19 and 20 others, §§ 72-84, 23 May 2023; 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 enter into any type of civil union recognising their relationship in Lithuania (see Maymulakhin and Markiv v.   Ukraine , no.   75135/14, §§   60-81, 1   June 2023)?