Shipova, Case C-43/24, CJEU (Second Chamber) , 12 March 2026

Free Movement, gender transition, and the recording of data in civil status registers

Art. 21 TFEU
Art. 4, par. 3 Directive 2004/38
Art. 7 Charter
Art. 8 ECHR

1. Articles 21 TFEU and 4(3) of Directive 2004/38, read in the light of Article 7 of the Charter of Fundamental Rights of the European Union, preclude national legislation which does not permit the amendment of data relating to a person’s name, family name, patronymic and personal identification number recorded in the civil status register, with a view to reflecting that person’s change of gender.

2. Article 7 of the Charter, concerning respect for private and family life, corresponds to Article 8 ECHR, the scope of which encompasses the protection of gender identity and entails a positive obligation on the States to establish procedures enabling, where appropriate, the adjustment of sex-related data in official documents, without making such adjustment subject to requirements such as physical modifications affecting biological sex.

3. EU law precludes a national court from being bound by an interpretation of domestic law provided by the national Constitutional court where that interpretation prevents the amendment of data in the civil status register in a manner contrary to the interpretation of EU law given by the Court of Justice.