CJEU Case C-43/24 / Judgment
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CJEU Case C-43/24 / Judgment
Key facts of the case:
Reference for a preliminary ruling – Citizenship of the Union – Article 21(1) TFEU – Right to move and reside freely within the territory of the Member States – Impediments – Request to amend gender data in the civil status registers – Directive 2004/38/EC – Article 4(3) – Article 7 of the Charter of Fundamental Rights of the European Union – Right to respect for private and family life – Obligation, for a court of a Member State, to comply with the case-law of the constitutional court of that State – Interpretation in conformity with EU law
Outcome of the case:
On those grounds, the Court (Second Chamber) hereby rules:
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Article 21 TFEU and Article 4(3) of 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 amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, read in the light of Article 7 of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding legislation of a Member State which does not permit the amendment of gender data, such as the sex, family name, patronymic, first name and personal identification number, recorded in the civil status registers of that Member State, of a national of that Member State who has exercised his or her right to move and reside freely in another Member State.
- EU law must be interpreted as precluding a court of a Member State from being bound by the interpretation of national legislation, given by the constitutional court of that Member State, capable of constituting a legal impediment to the recording of a change of gender data in the civil status registers of the Member State in question, in contradiction with the interpretation of EU law given by the Court of Justice.
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Paragraphs referring to EU Charter
32. From that point of view, it should be noted that, by its first and second questions, which it is appropriate to examine together, the referring court asks the Court as to the interpretation of Article 9 TEU, Articles 8, 10 and 21 TFEU and Article 7 of the Charter.
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36. In those circumstances, without there being any need to rule on the interpretation of Article 9 TEU and of Articles 8 and 10 TFEU, it must be considered that, by its first and second questions, the referring court is asking, in essence, whether Article 21 TFEU and Article 4(3) of Directive 2004/38, read in the light of Article 7 of the Charter, must be interpreted as precluding legislation of a Member State which does not permit the amendment of gender data, such as the sex, family name, patronymic, first name and personal identification number, recorded in the civil status registers of that Member State, of a national of that Member State who has exercised his or her right to move and reside freely in another Member State.
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48. Furthermore, where a measure of a Member State which restricts a fundamental freedom guaranteed by the FEU Treaty is justified by an overriding reason in the public interest recognised by EU law, such a measure implements EU law, within the meaning of Article 51(1) of the Charter, such that it must comply with the fundamental rights enshrined therein and, in particular, with the right to respect for private and family life, referred to in Article 7 thereof (see judgment of 25 November 2025, Wojewoda Mazowiecki, C‑713/23, EU:C:2025:917, paragraphs 55 and 63 and the case-law cited).
49. As follows from the Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17), in accordance with Article 52(3) of the Charter, however, the rights guaranteed in Article 7 thereof have the same meaning and the same scope as those guaranteed in Article 8 ECHR, the latter article constituting a minimum threshold of protection (see, to that effect, judgments of 14 December 2021, Stolichna obshtina, rayon ‘Pancharevo’, C‑490/20, EU:C:2021:1008, paragraph 60; of 4 October 2024, Mirin, C‑4/23, EU:C:2024:845, paragraph 63; and of 25 November 2025, Wojewoda Mazowiecki, C‑713/23, EU:C:2025:917, paragraph 64).
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55. It follows that legislation of a Member State, which does not permit a change of the gender data of one of its nationals who has exercised his or her right to move and reside freely within the territory of another Member State, is also contrary to the fundamental rights guaranteed to transgender persons by Article 7 of the Charter. It cannot be regarded as enabling those persons effectively to assert the rights conferred on them by Article 21 TFEU.
56. In the light of the foregoing, the answer to the first and second questions is that Article 21 TFEU and Article 4(3) of Directive 2004/38, read in the light of Article 7 of the Charter, must be interpreted as precluding legislation of a Member State which does not permit the amendment of gender data, such as the sex, family name, patronymic, first name and personal identification number, recorded in the civil status registers of that Member State, of a national of that Member State who has exercised his or her right to move and reside freely in another Member State.
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63. Lastly, it should also be stated that both and Article 21(1) TFEU and Article 7 of the Charter are sufficient in themselves and do not need to be made more specific by provisions of EU or national law to confer on individuals rights which they may rely on as such. Accordingly, if the referring court were to find that it is not possible to interpret its national law in conformity with EU law, it would be required to ensure, within its jurisdiction, the judicial protection for individuals flowing from those articles, and to ensure the full effectiveness of that article by disapplying, if need be, the national provisions concerned (see judgment of 25 November 2025, Wojewoda Mazowiecki, C‑713/23, EU:C:2025:917, paragraph 76).
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Paragraphs referring to EU Charter (original language)