22 December 2025
The CJEU Providing Ammo in the ECtHR Rainbow Fight
The issue in Cupriak-Trojan case arose when Poland refused to recognize a same-sex marriage legally concluded in another Member State. The ECtHR had already convicted Poland because same-sex partners cannot formalize their relationship under Polish law. Following these ECtHR convictions, the CJEU ruled that Poland must recognize same-sex marriages concluded in other Member States. This ammunition to enforce ECtHR’s convictions comes in two forms: mobilizing the national judges to recognize foreign same-sex marriages and gently pushing the Polish legislator towards passing the civil partnership bill into legislation. Continue reading >>
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22 December 2025
Trojan
On 25 November 2025, ECJ ruled in Trojan that EU Member States may not refuse to recognise a same-sex marriage lawfully concluded in another Member State. Such refusal violates the right to move and reside freely within the territory of the Member States. Unlike earlier judgments, the Trojan ruling marks a significant step towards full recognition of legal status across the EU. Hence, the duty of recognition no longer only refers to the formation of a civil status itself, but now also appears to extend to its legal effects. Continue reading >>
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22 December 2025
Egenberger
The Egenberger decision is not only about church labour law, but touches on fundamental issues of national and European constitutional law. By integrating the requirements of EU law while maintaining domestic specificities, the decision provides a valuable example of how to manage different layers of fundamental rights. Nevertheless, the Egenberger decision carries an element of surprise. The FCC performed a Solange test, elaborating on the question of whether the relevant European standard falls short of the minimum standard required under German law and therefore justifies an exception to the primacy of EU law. Continue reading >>
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21 December 2025
Winning by Losing
Up to now, religious communities in Germany could require religious affiliation for almost all kinds of employment. Following the CJEU’s intervention, the FCC in November 2025 changed this decades-long practice and thus accorded greater constitutional weight to equality and non-discrimination vis-à-vis religious self-determination. Yet it did more than that: it also reinforced the protection of religious freedom itself. Finally, the decision affirmed the supremacy of EU law in times of fundamental challenges to the transnational rule of law. Egenberger thus constitutes a substantial, well-justified, fundamental-rights-friendly, and welcome shift. Continue reading >>
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21 December 2025
A General Obligation to Monitor
In Russmedia Digital, the ECJ ruled at the beginning of December that in cases dealing with data protection violations, such as defamatory content, the notice-and-takedown procedure should not be applied, but rather that the respective platform is (jointly) liable for illegal content from the publication of the content on. Clearly unaware of the enormous implications of its decision for the freedom of expression and information of millions of users in the EU, the Court is thus demanding the establishment of a comprehensive monitoring system for communication in the digital public sphere. Continue reading >>
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17 December 2025
Justifiable Caution
Religion in the workplace brings together two areas of law in which the CJEU has taken markedly different approaches. This has left the Court torn between following its assertive approach in relation to discrimination in the workplace and its deferential approach in relation to religion’s role in society. This sets wide but meaningful boundaries on Member State autonomy regarding religion’s place in their societies. While this caution has been heavily criticised, in the context of the rapid and unprecedented religious change in Europe, it is the most prudent and politically sustainable approach for the time being. Continue reading >>
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14 December 2025
Is the European Court of Justice a Protector of the Weak?
Is the European Court of Justice biased toward business interests, or does it protect the weak? Drawing on a novel dataset of nearly 7,000 rulings from 1962 to 2016, this blog post revisits a longstanding debate with systematic evidence. Contrary to persistent critiques, this blog post shows that individuals invoking rights win more often than corporate litigants. Through strategies of “leveling” and “spotlighting,” the ECJ not only counters resource asymmetries in litigation but also publicly amplifies pro-individual rights outcomes. Continue reading >>01 December 2025
The Trojan Horse of Free Movement Law
On 25 November 2025, the EU Court of Justice confirmed in “Trojan” that Member States are obliged to recognise the marriage between two same-sex EU citizens lawfully concluded in another Member State in the exercise of their freedom of movement, even if their national legislation does not allow such marriage. While this outcome was largely foreseeable, the CJEU’s reliance on Article 21(1) of the EU Charter of Fundamental Rights on the prohibition of discrimination on grounds of sexual orientation is striking, introducing a new, potentially transformative approach to equality in EU law. Continue reading >>14 November 2025
News, Information, and Knowledge
The EU adopted the press publishers’ right to strengthen the bargaining position of press publishers towards online intermediaries. As an intellectual property right, it gives publishers control over information flows and, by its nature, interferes with freedom of expression. Researchers, however, have an interest in being able to share and reflect upon matters of public interest brought forward by the press in online fora. As such, this post considers the press publishers’ right’s potential to curtail European researchers’ activities. Continue reading >>
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06 November 2025
Winning by Losing
The FCC has handed down its long-awaited decision in the Egenberger case. The decision seems to be a confirmation of the strong protection of religious communities’ corporate religious freedom and right to self-determination. At the same time, however, the FCC incorporated the standards set out in EU anti-discrimination law and CJEU’ jurisprudence. The decision is thus turning the page on a decades-long legal debate. It meaningfully protects the right to religious self-determination, and at the same time it is sensitive to the freedom of religion of individuals and the prohibition of discrimination. Continue reading >>
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