Court: EU country can not refuse gay partner

luxembourg - The spouse or spouse of an EU citizen of the same sex from a non-EU country has the right to stay with his partner throughout the European Union. That is what the Advocate General of the European Court of Justice says.

Although EU countries are free to grant or not allow same-sex marriage, they are not allowed to refuse permanent residence to a homosexual spouse from a non-EU country. The opinion of the Advocate General is not binding, but is usually taken over by the court. It will take a few months before the Court of Appeal points judgment.

The reason for the case was the refusal of the Romanian authorities to allow the American husband of a Romanian husband to live and work permanently in Romania. Romania does not recognize gay marriages.

The couple had first lived together in the US and married in 2010 in Brussels. At the end of 2012 they requested the documents for the American in Romania.