Decision of the Court of Reggio Emilia, I Civil Section, 13 February 2012

An Uruguayan man who has married an Italian man in Spain is entitled to obtain a residence permit in Italy. The concepts of “spouse” and “marriage” in legislative decree No. 30 of 2007 (concerning the right of EU citizens and their family members to move and reside freely in the territory of EU member States) must be interpreted at the light of Article 9 of the Charter of Fundamental Rights of the EU. This Article recognizes the right to marry and to have a family to every individual, without reference to heterosexual couples, and the European Court of Human Rights has interpreted Article 12 of the ECHR accordingly.