Decision of the Regional Administrative Court for Lombardy No. 2037 of 9 July 2015

In:

Marina Castellaneta. Notizie e commenti sul diritto internazionale e dell’Unione Europea

Abstract

With decision No. 2037/2015, the Regional Administrative Court for Lombardy upheld the appeal submitted by the Municipality of Milan against the decree No. 84149/2014 of the Prefect of Milan, which ordered to cancel from the municipal vital records the transcription of a same-sex marriage celebrated in France. For the Prefect of Milan, the marriage could not be recorded in Italy because it lacked a substantial and necessary requirement, i.e. gender diversity among the spouses. The Regional Administrative Court stated, however, that the two spouses had a perfect subjective right to transcription. Determinations from administrative authorities may not have as an effect modifying or diminishing this right.

Other Info

  • See also:

    Decision of the Regional Administrative Court for Lazio No. 3907 of 9 March 2015; Decision of the Council of State, III Section, No. 4899 of 8 October 2015;  Decision of the Court of Cassation, I Civil Section, No. 4184 of 15 March 2012

  • Original language: Italiano