Romanian court victory confirms recognition of trans identities across the EU

Romanian court confirms obligation to recognise gender identity registered in another EU member state, following landmark Court of Justice of the European Union ruling.

Today, a final court ruling in Romania marks a significant step forward for the rights of transgender people to have their identity documents recognised across EU Member States.

The Bucharest Tribunal has upheld a decision requiring Romanian authorities to issue a new birth certificate to Arian Mirzarafie-Ahi (pictured above), reflecting his gender identity already legally recognised in the United Kingdom prior to Brexit. The ruling, originally delivered by the District 6 Court of Bucharest, is now final after appeals by national authorities were rejected.

This outcome follows a landmark 2024 judgment by the Court of Justice of the European Union, which confirmed that EU Member States must recognise the legal gender recognition decisions of other Member States. Arian’s case has become a key example of how this obligation must be implemented in practice.

“Today, on 31 March, we celebrate Trans Day of Visibility, and I am glad to share this victory with my community. I have won definitively before the courts in Romania,” Arian said. “This is not only my victory, but ours as well, the victory of those who are still waiting to be seen, heard, and recognised.”

Romanian NGO ACCEPT was a plaintiff in the CJEU case alongside Arian, who was represented by human rights lawyer Iustina Ionescu. ILGA-Europe and TGEU supported ACCEPT throughout the CJEU case.

The ruling removes a significant administrative burden for trans people in Romania (and other EU countries) who have already obtained legal gender recognition in another EU country, eliminating the need to repeat domestically lengthy procedures that sometimes do not comply with the applicable European human rights framework.

Congratulating Arian, ACCEPT and Iustina, ILGA-Europe’s Senior Strategic Litigation Advisor, Marie Hélène Ludwig said: “This judgment is a victory for the many trans people in the EU who are still refused identity documents matching their gender identity and are forced to live with different identities when crossing borders. As Romania has resisted implementing the CJEU ruling in the Coman case for eight years, it is particularly important to see a Romanian court giving practical effects to a CJEU ruling. We are now waiting for the registry to swiftly issue Arian’s new birth certificate and will keep monitoring the implementation of the CJEU judgment in other EU countries.”

The Bucharest Tribunal also ordered the responsible institutions to cover legal costs and to urgently implement the ruling by issuing Arian’s updated birth certificate. Should authorities fail to comply, further legal action may be taken to ensure enforcement, including financial penalties for delays.

This decision sends a strong signal that the mutual recognition of gender identity across the EU is not optional, but a legal obligation that must translate into real and timely access to rights for trans people.