Information Note on the Court’s case-law 186

June 2015

Dietz and Suttasom v. Austria (communicated case) - 31185/13

Article 14

Discrimination

Conclusion of registered partnership and civil marriage before different authorities: communicated

[This summary also covers the communicated case of Hörmann and Moser v. Austria , 31176/13]

The applicants, two homosexual couples, applied to the Office for Matters of Personal Status to contract a civil marriage, adding that if they were not permitted to marry, they wished to apply for a registered partnership, but only if it was concluded before the Office for Matters of Personal Status. Their application fo r the conclusion of a civil marriage was dismissed as, under the Civil Code, civil marriage could only be concluded by two persons of the opposite sex. The Office for Matters of Personal Status also dismissed their application for a registered partnership as such a partnership could only be concluded before the District Administrative Authority. The applicants unsuccessfully appealed against that decision before the administrative authorities and the domestic courts.

The applicants complain under Article 14 read in conjunction with Article 8 of the Convention that they were discriminated against on grounds of their sexual orientation, because registered partnerships (which are open exclusively to same-sex couples) are concluded before the District Administra tive Authorities, while civil marriage (which can only be concluded by two persons of the opposite sex) is contracted before the Office for Matters of Personal Status.

Communicated under Article 14 read in conjunction with Article 8.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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