The Senate’s Department of Administrative Cases has suspended proceedings in a case concerning a petition to the Latvian Office of Citizenship and Migration Affairs to record in the Latvian Register of Natural Persons of a same-sex marriage concluded in Sweden. The Senate has referred a preliminary question to the Court of Justice of the European Union (CJEU) regarding the interpretation of freedom of movement granted to European Union citizens under EU law.

The applicants – a Latvian citizen and a Latvian and Swedish dual citizen – are permanently residing in Latvia and seek to have their marriage, concluded in Sweden, entered in the Register of Natural Persons.  The Office of Citizenship and Migration Affairs rejected their application, stating that Latvian legislation recognizes only marriages between opposite sexes and does not provide for entering information concerning a marriage between a same-sex couple in any field of the register. This decision was upheld by both the District Administrative Court and the Regional Administrative Court.

The panel of Senators noted that, since 2021, same sex couples in Latvia have had a mechanism available to be recognized as a family – initially by applying to an administrative court, but since 2024 such couples can register a partnership that grants them certain spousal rights. The panel also emphasized that a same-sex marriage concluded abroad should not prevent the same persons from registering a partnership in Latvia and having their family relationship recognized.

However, since the applicants have argued that the lack of recognition of their Swedish marriage affects their right, as citizens of the European Union, to freely move and reside within the European Union, the Senate must assess the facts of the case in light of EU law. The panel of Senators found that the CJEU has so far not heard a case with matching facts, making it not possible to unequivocally determine whether the rights of EU citizens are violated when the country of their citizenship and permanent residence refuses to recognize a marriage lawfully concluded in another EU member state with which one of the spouses in question has a close connection, including citizenship. Thus, the panel of adopted a decision at an assignments sitting to refer this preliminary question to the CJEU and to suspend proceedings in the case until the CJEU decision enters into force.

Case SKA-22/2026 (A420146222)

Information prepared by Viesturs Lācis, Adviser in the Matters of Senate Communication

Telephone: +371 67020302; e-mail: viesturs.lacis@at.gov.lv