C-713/23 Wojewoda Mazowiecki judgment: Abandoning the ‘Free Movement Purpose’ Approach to Civil Status Recognition?

More than seven years after the Coman judgment prompted sustained scholarly discussion, the CJEU has revisited the issue of same-sex marriage recognition in Wojewoda Mazowiecki, further strengthening the protection afforded to Union citizens. Delivered on 25 November 2025, the ruling is noteworthy for two principal reasons. Unlike Coman, which concerned recognition primarily for residence purposes of a third-country national spouse, the present case involves two Union citizens whose free movement rights arise directly from Articles 20 and 21 TFEU. In addition, the CJEU departed from the limited recognition model adopted in Coman, extending the obligation of recognition to encompass the full legal effects of a same-sex marriage lawfully concluded in another Member State. The judgment, therefore, signals a shift in the CJEU’s approach to civil status recognition. This article examines the ruling after outlining the facts, the AG’s Opinion, and the CJEU’s reasoning. It analyses the judgment from three angles: Union citizenship and free movement, the evolving boundaries of civil status recognition, and the role of national identity and public policy.