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PIL - French supreme jurisdiction rules that internal public policy should prevail over an international treaty

10 February, 2015

By a decision of 28 January 2015, the French Cour de Cassation ruled that a Moroccan citizen is entitled to enter into a same-sex marriage in France notwithstanding that the Franco-Moroccan Convention of 10 August 1981, subjects the validity of marriage to the law of the spouse's respective nationality which, in terms of Morocco, does not permit such a union.

Patrick Delas, senior associate in the French team, highlights the impact of this decision.

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