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JUDGMENT OF THE COURT (Grand Chamber)
14 December 2021 (*)
(Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Right to
move and reside freely within the territory of the Member States – Child born in the host Member State
of her parents – Birth certificate issued by that Member State mentioning two mothers in respect of that
child – Refusal by the Member State of origin of one of those two mothers to issue a birth certificate for
the child in the absence of information as to the identity of the child’s biological mother – Possession of
such a certificate being a prerequisite for the issue of an identity card or a passport – Persons of the
same sex not recognised as parents under the national legislation of that Member State of origin)
In Case C‑490/20,
REQUEST for a preliminary ruling under Article 267 TFEU from the Administrativen sad Sofia-grad
(Administrative Court of the City of Sofia, Bulgaria), made by decision of 2 October 2020, received at
the Court on the same day, in the proceedings
V.М.А.
v
Stolichna obshtina, rayon ‘Pancharevo’,
THE COURT (Grand Chamber),
composed of K. Lenaerts, President, L. Bay Larsen, Vice-President, A. Arabadjiev, K. Jürimäe,
C. Lycourgos, E. Regan, N. Jääskinen, I. Ziemele and J. Passer, Presidents of Chambers, M. Ilešič
(Rapporteur), J.‑C. Bonichot, T. von Danwitz and N. Wahl, Judges,
Advocate General: J. Kokott,
Registrar: M. Aleksejev, Head of Unit,
having regard to the written procedure and further to the hearing on 9 February 2021,
after considering the observations submitted on behalf of:
–
V.М.А., by D.I. Lyubenova, advokat,
–
the Bulgarian Government, by T. Mitova and L. Zaharieva, acting as Agents,
–
the German Government, initially by J. Möller and S. Heimerl, and subsequently by J. Möller,
acting as Agents,
–
the Spanish Government, initially by S. Centeno Huerta and M.J. Ruiz Sánchez, and
subsequently by M.J. Ruiz Sánchez, acting as Agents,
–
the Italian Government, by G. Palmieri, acting as Agent, and by W. Ferrante, avvocato dello
Stato,
25/08/2022, 16:46