Decision of the Court of Cassation, I Civil Section, No. 4184 of 15 March 2012

The dismissal of the appeal of two Italian citizens of the same sex married in the Netherlands, who requested the registration of the act at the Italian Office of Civil Status, was not motivated by the “nonexistence” of the marriage for the domestic legal order but by its unsuitability to produce legal effects. According to recent case law of the European Court of Human Rights concerning the interpretation of Article 12 of the European Convention on Human Rights and Article 9 of the Charter of Fundamental Rights of the EU homosexuals have the right to merry and to found a family and, if they live together, have the right to the respect of family life under Article 8 of the  European Convention on Human Rights. However, with regard to the enjoyment of such rights,  the above-mentioned international norms refer to national legislations.