The Attorney General of the CJEU stated that EU member states must recognize the gender identity of individuals, including without surgical intervention.

In a case from Bulgaria, the Advocate General of the CJEU emphasized that national regulations that do not allow the recognition of gender identity are incompatible with European Union law. He argued that making the issuance of identity documents conforming to gender dependent on surgical proof affects the fundamental rights of transgender individuals. The non-recognition of the claimant's identity causes difficulties in daily life, including in finding a job, and limits their right to free movement. The final decision of the CJEU is awaited, and many similar cases from Bulgaria are suspended pending this.