The judgment of the Court of Justice of the European Union in Case C-713/23, Wojewoda Mazowiecki, constitutes a significant development in the Court’s case law concerning the recognition of personal status acquired in another Member State. While the decision has primarily been discussed in the context of civil registration and the free movement of Union citizens, its implications for cross-border succession have received little scholarly attention. This article examines the consequences of the judgment for the application of Regulation (EU) No. 650/2012 on succession, with particular emphasis on Slovak succession law, which neither recognises same-sex marriage nor registered partnerships. Using doctrinal legal analysis and a contextual interpretation of the Court’s jurisprudence, the article argues that the judgment should be understood through the concept of functional recognition. Although Member States remain competent to regulate marriage, they may be required to recognise the legal effects of a same-sex marriage lawfully concluded in another Member State where such recognition is necessary to ensure the effectiveness of EU law. The article demonstrates that this approach may influence the determination of heirs, the status of the surviving spouse, matrimonial property settlement, and the legal effects of the European Certificate of Succession. It concludes that Slovak authorities should apply a functional, case-by-case assessment that reconciles national constitutional identity with the effective protection of rights guaranteed by EU succession law, thereby contributing to the broader debate on the interaction between national family law and European private international law.
Saktorová et al. (Fri,) studied this question.