Can you seek to annul a marriage when one of the parties is dead?: Mikołajczyk v Czarnecka

The answer, in a rather strange case before the CJEU, seems to be a qualified “Yes”.

Under Polish law, the annulment of a marriage on the ground that one of the spouses is still married to another person may be requested by any person who has a legal interest in the matter; and the Court of Appeal in Warsaw sought an Opinion from the CJEU on whether or not EU law applied to an action for annulment of marriage brought by a third party following the death of one of the spouses. Continue reading