Introductory note to Relu Adrian Coman and others v. Inspectoratul General Pentru Imigrari and Ministerul Afacerilor Interne (C.J.E.U.)

Abstract

On June 5, 2018, the Court of Justice of the European Union (CJEU or Court) delivered its judgment in the case of Coman. In this important ruling, the Court made it clear that under EU law, the same-sex spouse of an EU citizen can move and reside with the latter in the territory of another EU member state, just as the opposite-sex spouse of an EU citizen can. Although the case is very important in that it was the first time the Court has recognized that same-sex marriages must be treated in exactly the same way as opposite-sex marriages for a specific legal purpose (family reunification rights of EU citizens who exercise EU free movement rights), it creates a number of new questions and highlights a number of gaps that persist even following its delivery.