Key facts of the case:
The Commander of the Border Guards in W. issued a decision on refusal of entry into the Polish territory to S.V, a citizen of the Republic of D. In a document presented to the passport control the citizen of D. had a residence permit as a family member of an EU citizen, because of the fact, that he was in registered civil partnership with polish citizen T.F The foreigner did not present a control visa or another document valid for crossing the Polish border. S. V. appealed the refusal of entry to the Chief of the Border Guard who, however, upheld the contested decision. The Regional Administrative Court considered the appeal against the decision of the Commander of the Border Guard and quashed the contested decision. On the website of Voivodship Administrative Court all personal data and country which the applicant came from, were made anonymous.
Referring to the violation of the principles laid down in Article 7 of the Charter of Fundamental Rights and Article 8 of the European Convention on Human Rights, the Court considers that there is no way of them leading to the conclusion that the applicant should be considered a family member of a citizen of the European Union - as it is brought about by his attorney. The above-mentioned legislation does not define the concept of a family. To determine the scope of the concept one must first refer to the national law, which in this case, does not consider the relationship between persons of the same sex to be a family. Therefore, the plea alleging infringement of the right to family life stemmed directly from the provisions of the Charter of Fundamental Rights and the Convention cannot be regarded as legitimate. The sphere of private life and family life protected by these acts does not extend to the right to enter the territory of the Republic of Poland for persons who are not family members, defined as it follows from the law and the Directive [Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States], indicating that only a partner with whom the Union citizen is in duly attested relationship can benefit from a facilitated entry. The argumentation presented by the applicant concerning the equal treatment of registered partnership with the family is not justified by the Directive because it clearly separates the term "spouse" from the term "partner".