Die Anerkennung eines geänderten Geschlechtseintrags: Auf der Zielgeraden zur unionalen Statusfreizügigkeit?

The European principle of recognition is becoming more and more important. From company law, it has spread to the law of names, family law and the law of the person. For an increasing number of status questions, the CJEU has established benchmarks from EU primary law for how Member States must treat certain cross-border situations. Mirin is a further step in this development: the CJEU is extending the principle of recognition to a politically highly controversial and salient area – the change of a person's legal gender entry. In doing so, the court is possibly paving the way for comprehensive status recognition and is setting limits for Member States invoking public policy. Furthermore, the ruling allows interesting insights into the procedural background of the principle of recognition and the object of recognition.