Bratislava—On Monday, October 31, the Regional Court in Žilina ruled in favor of same-sex couple Mariano Ruiz (Argentinian) and his husband Jakub Šanko (Slovak). Dentons is  representing the couple on a pro bono basis for the last three years in their struggle to obtain permanent residence in Slovakia so that they can live together as a family. Dentons' strategic litigation team took on the case to obtain a fair and favorable outcome in line with the Constitution and the European Convention on Human Rights.

The Regional Court in Žilina, as the court of the first instance, confirmed that the rejection of the application for permanent residence on the basis of family grounds was unjustified discrimination based on sexual orientation and violated the right to respect for private and family life and freedom of residence, preventing his Slovak citizen from returning to his homeland. The case was remanded back to the immigration authorities for re-examination, in which they will be bound to take into account the court ruling based on the 2006 ECHR case Tadeucci and McCall vs. Italy.

Once this judgment becomes final and non-appealable, it will form an important precedent for other couples in similar situations and may serve as a basis for acknowledgment of further rights that LGBT+ citizens are currently being denied.

Slovakia Managing Partner Peter Kubina is leading the legal team, which also includes associates Soňa Kurillová and Nina Drgalová.

“This groundbreaking judgment is the first of its kind in Slovakia, and I believe that it will help others in the same situation to obtain legal recognition for their family rights,” Peter Kubina commented.

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