|
Official Journal |
EN C series |
|
C/2026/3398 |
6.7.2026 |
Request for a preliminary ruling from the Okrazhen sad – Gabrovo (Bulgaria) lodged on 2 April 2026 – VJ v EI
(Case C-279/26, Hrilerova (1) )
(C/2026/3398)
Language of the case: Bulgarian
Referring court
Okrazhen sad – Gabrovo
Parties to the main proceedings
Appellant: VJ
Respondent: EI
Questions referred
|
1. |
Must Article 2(b) and (c) of Directive 2024/13[85] (2) on combating violence against women and domestic violence, read in conjunction with Article 21 of the Charter of Fundamental Rights of the European Union, be interpreted as precluding legislation of a Member State which excludes persons in a same-sex partnership that constitutes non-marital cohabitation or an intimate relationship from the group of persons entitled to seek protection against domestic violence perpetrated by their partner? |
|
2. |
Does the application of rules of national law which do not grant protection against domestic violence to persons in a same-sex partnership (intimate relationship or non-marital cohabitation) and which were adopted and entered into force before the entry into force of Directive 2024/[1385] on combating violence against women and domestic violence, the transposition deadline for which has not expired and which grants such protection to those persons, seriously compromise attainment of the objectives that are pursued by that directive and that should in principle be attained after the deadline for its transposition has expired? |
|
3. |
Must a national court, on the basis of the principle of sincere cooperation enshrined in Article 4(3) TEU and in the light of the wording and objective of Directive 2024/13[85] on combating violence against women and domestic violence, read in conjunction with Article 21 of the Charter, disapply, before the deadline for transposition of that directive has expired, national legislation adopted before the entry into force of the directive, in order to ensure non-discriminatory treatment and protection against domestic violence of all persons who are victims of such violence, irrespective of their sexual orientation? |
(1) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
(2) OJ L 2024/1385.
ELI: http://data.europa.eu/eli/C/2026/3398/oj
ISSN 1977-091X (electronic edition)