Case C-4/23, Mirin: Judgment of the Court (Grand Chamber) of 4 October 2024 (request for a preliminary ruling from the Judecătoria Sectorului 6 București – Romania) – M.-A.A. v Direcția de Evidență a Persoanelor Cluj, Serviciul stare civilă, Direcția pentru Evidența Persoanelor și Administrarea Bazelor de Date din Ministerul Afacerilor Interne, Municipiul Cluj-Napoca (Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Articles 7 and 45 of the Charter of Fundamental Rights of the European Union – Right to move and reside freely within the territory of the Member States – Union citizen who has lawfully acquired, during the exercise of that right and his residence in another Member State, a change of his first name and gender identity – Obligation on the part of that Member State to recognise and enter in the birth certificate that change of first name and gender identity – National legislation which does not permit such recognition and entry, obliging the party concerned to bring new judicial proceedings for a change of gender identity in the Member State of origin – Effect of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union)
Date: 2024-10-04
Institutions: Court of Justice
Subjects: European citizenship, Romania, United Kingdom, civil register, dual nationality, gender identity, identity document, judicial proceedings, national law, personal data, withdrawal from the EU








C_202500036EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/36


6.1.2025






Judgment of the Court (Grand Chamber) of 4 October 2024 (request for a preliminary ruling from the Judecătoria Sectorului 6 București – Romania) – M.-A.A. v Direcția de Evidență a Persoanelor Cluj, Serviciul stare civilă, Direcția pentru Evidența Persoanelor și Administrarea Bazelor de Date din Ministerul Afacerilor Interne, Municipiul Cluj-Napoca


(Case C-4/23,
                (1)
Mirin)
                (2)

(Reference for a preliminary ruling - Citizenship of the Union - Articles 20 and 21 TFEU - Articles 7 and 45 of the Charter of Fundamental Rights of the European Union - Right to move and reside freely within the territory of the Member States - Union citizen who has lawfully acquired, during the exercise of that right and his residence in another Member State, a change of his first name and gender identity - Obligation on the part of that Member State to recognise and enter in the birth certificate that change of first name and gender identity - National legislation which does not permit such recognition and entry, obliging the party concerned to bring new judicial proceedings for a change of gender identity in the Member State of origin - Effect of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union)
(C/2025/36)
Language of the case: Romanian

Referring court

Judecătoria Sectorului 6 București

Parties to the main proceedings


Applicant: M.-A.A.

Defendants: Direcția de Evidență a Persoanelor Cluj, Serviciul stare civilă, Direcția pentru Evidența Persoanelor și Administrarea Bazelor de Date din Ministerul Afacerilor Interne, Municipiul Cluj-Napoca

Other parties: Asociația Accept, Consiliul Național pentru Combaterea Discriminării

Operative part of the judgment

Articles 20 and 21(1) TFEU, read in the light of Articles 7 and 45 of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding legislation of a Member State that does not permit recognition and entry in the birth certificate of a national of that Member State of a change of first name and gender identity lawfully acquired in another Member State, when exercising the right to free movement and residence, with the consequence that that person is obliged to initiate, before a court, new proceedings for a change of gender identity in the first Member State, which disregard the change that was previously lawfully acquired in that other Member State.
In that regard, it is irrelevant that the request for recognition and entry of the change of first name and gender identity was made in that first Member State on a date on which the withdrawal from the European Union of the other Member State had already taken effect.


(1)  
            OJ C 164, 8.5.2023.

(2)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.


ELI: http://data.europa.eu/eli/C/2025/36/oj
ISSN 1977-091X (electronic edition)