The non-EU foreigner, who married an Italian citizen of the same sex, has the right to move in Italy and obtain a residence permit. This was established by the Court of Reggio Emilia which agreed with a Uruguayan man who, after his wedding in Spain with his partner of Italian nationality, did not received the residence permit by the Italian Police, because gay marriages are not allowed by the national legislation. A justification which was not considered valid by the Judge of Reggio Emilia. She, in fact, stated that, according to the Directive 2004/38/EC, transposed by the Legislative Decree No. 30 of February 6, 2007, the spouse of a EU citizen has the right to family reunification, regardless of whether or not the couple is formed by a man and a woman.
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