8/11/22, 9:16 AM CURIA - Documents entered in her birth certificate are two women who have married in accordance with the law applicable to one of them. That court also states that the practical application of those provisions of Polish law makes it difficult for the public authorities, including the courts, to afford effective protection to a minor child by taking its best interests into account. 23 The referring court acknowledges that questions of civil status and the rules relating to marriage connected therewith fall within the competence of the Member States and that EU law does not detract from that competence. It considers, however, that the differences between the rules applicable in the various Member States cannot impair the freedom accorded to every citizen of the Union to move and reside freely within the territory of the Member States. 24 That court states that, were it to be found that the refusal to transcribe the birth certificate of a child infringes the provisions of Article 20(2)(a) and Article 21(1) TFEU, read in conjunction with Article 7, Article 21(1) and Article 24(2) of the Charter, it would be in a position to order the Polish authorities to transcribe that birth certificate word for word, which would then make it possible to issue an identity document that would guarantee the child concerned the ability to cross the internal borders of the European Union, and would protect the private and family life of that child. 25 In those circumstances the Wojewódzki Sąd Administracyjny w Krakowie (Regional Administrative Court, Kraków, Poland) decided to stay the proceedings and to refer the following question to the Court of Justice for a preliminary ruling: ‘Must the combined provisions of [Article 20(2)(a) and Article 21(1) TFEU], read in conjunction with Article 7, Article 21(1) and Article 24(2) of [the Charter], be interpreted as precluding the authorities of a Member State of which a minor child is a national from refusing to transcribe that child’s birth certificate, issued by another Member State, that transcription being necessary to enable the child to obtain an identity document for the Member State of which that child is a national, on the ground that that birth certificate designates as parents persons who are of the same sex and the national law of that Member State does not provide for the parenthood of same sex couples?’ Procedure before the Court 26 The referring court has requested that the present case be dealt with under the urgent preliminary ruling procedure provided for in Article 107 of the Rules of Procedure of the Court of Justice. 27 By decision of 25 January 2021, the Fifth Chamber of the Court decided, acting on a proposal from the Judge-Rapporteur and after hearing the Advocate General, that it was not appropriate to grant the request for the present case to be dealt with under the urgent preliminary ruling procedure, as the conditions of urgency laid down in Article 107 of the Rules of Procedure had not been met. 28 In view of the connection between the present case and the case which gave rise to the judgment of 14 December 2021, Stolichna obshtina, rayon ‘Pancharevo’ (C‑490/20, EU:C:2021:1008), the proceedings in the present case were stayed by decision of the President of the Court of 26 January 2021 pending delivery of that judgment. 29 Following the delivery of the judgment of 14 December 2021, Stolichna obshtina, rayon ‘Pancharevo’ (C‑490/20, EU:C:2021:1008), the Court Registry sent the referring court a copy of that judgment, asking it to indicate whether it wished to maintain the request for a preliminary ruling. 30 By letters of 17 and 28 January 2022, the referring court informed the Court of Justice that it wished to maintain the request for a preliminary ruling, stating, in particular, that the judicial proceedings concerning the refusal to transcribe the birth certificate remained suspended pending receipt of the decision of the Court of Justice regarding that request for a preliminary ruling. The referring court also stated that, in January 2022, judicial proceedings seeking annulment of the administrative decision refusing to issue an identity card for the minor child concerned had been brought before the Wojewódzki Sąd Administracyjny w Warszawie (Regional Administrative Court, Warsaw, Poland) by the lawyer of the child’s parents. https://curia.europa.eu/juris/document/document_print.jsf?mode=DOC&pageIndex=0&docid=262081&part=1&doclang=EN&text=&dir=&occ=first… 5/9