Richard Král
Author’s affiliation: Faculty of Law, Charles University

What Actually Brings the Controversial Judgment in the CJ EU Coman Case?

Jurisprudence 1/2019 Section: Discussion Page: 39–42

Keywords: Coman judgement, EU Court of Justice, recognition of same sex marriages

Abstract: The article deals with the recent Coman case, where the Court of Justice of the European Union held that the term ‘spouse’ within the meaning of Art. 2(2)a of the Directive 2004/38 is gender-neutral and may therefore cover the same-sex spouse of the Union citizen concerned. The article focuses on an analysis of the legal consequences of this ruling, especially in those EU Member states that do not recognize marriage between persons of the same sex. It also argues in favour of reconsideration of the CJ EU approach in the Metock case.