The Court of Justice of the European Union has ruled that member states’ national legislation that does not provide for gender recognition is incompatible with EU law. The landmark ruling represents a historic step in the protection of the rights of trans people in the bloc.

The case involved a Bulgarian trans woman who has moved to Italy. Before the move, she requested Bulgarian authorities to change her legal gender and name on identification documents. However, the Bulgarian courts denied her request, citing national legislation that bans changes in gender information and defines sex as strictly biological.

After hearing the case, the Bulgarian Supreme Court of Cassation raised doubts about the compatibility of Bulgarian legislation with EU law and referred the matter to the Court of Justice of the European Union (CJEU).

In the ruling delivered on Thursday, March 12, the CJEU stated that member states have an obligation to provide pathways for legal gender recognition under EU law provisions on freedom of movement and fundamental right to private and family life.

This is because identity documents and passports are crucial for EU nationals to enjoy freedom of movement. Providing documents that reflect a person’s gender is key to avoiding “considerable inconveniences” during identity checks or cross-border travel or in professional settings, which would hinder the person’s right to freedom of movement, the court stated.

Moreover, the CJEU also addressed the fact that tolerating discrimination against trans people breaches the right to dignity and freedom.

Welcoming the judgment, Marie Ludwig, Senior Strategic Litigation Advisor at ILGA-Europe, said: “Today’s judgment is a huge step forward for the protection of trans persons’ fundamental rights under EU law, in a context where three member states are now completely banning legal gender recognition.

“The Court said it clearly: a member state’s refusal to grant LGR and issue functioning identity documents hinders the exercise of the right to free movement and residence attached to EU citizenship. The European Commission now has a strong legal basis to swiftly act against States that do not comply with this judgment.”

Richard Köhler, TGEU Expert Advisor and litigation lead, also commented on the ruling, saying: “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement.

“National laws or courts cannot stand in their way. Thousands of trans people in the EU are breathing a sigh of relief today. We thank the plaintiff for her many years of commitment”.