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CASE OF F AGAINST SWITZERLAND

Doc ref: 11329/85 • ECHR ID: 001-55467

Document date: March 2, 1989

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CASE OF F AGAINST SWITZERLAND

Doc ref: 11329/85 • ECHR ID: 001-55467

Document date: March 2, 1989

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54 (art. 54) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the convention"),

Having regard to the judgment of the European Court of Human Rights in

the case of F. against Switzerland, delivered on 18 December 1987 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Switzerland lodged with the European Commission of Human Rights on

12 December 1984 under Article 25 (art. 25) of the convention by a Swiss

national, Mr F., who alleged inter alia that a three-year prohibition

on remarriage imposed on him by a Swiss court in application of

Article 150 of the Swiss Civil Code was incompatible with his right to

marry as guaranteed by Article 12 (art. 12) of the convention;

Recalling that the case was brought before the Court by the

Government of Switzerland on 22 September 1986 and by the Commission

on 17 October 1986;

Whereas in its judgment of 18 December 1987 the Court held:

- by nine votes to eight, that there had been a breach of Article 12

(art. 12);

- unanimously, that the respondent state was to pay the

applicant 14 327 Swiss francs in respect of costs and expenses;

Having regard to the Rules adopted by the Committee of Ministers

concerning the application of Article 54 (art. 54) of the convention;

Having invited the Government of Switzerland to inform it of the

measures which had been taken in consequence of the judgment, having

regard to its obligation under Article 53 (art. 53) of the convention

to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Switzerland gave the Committee

information about the measures taken in consequence of the judgment,

which information appears in the appendix to this resolution;

Having satisfied itself that the Government of Switzerland has paid

the applicant the sum provided for in the judgment,

Declares, after having taken note of the information supplied by the

Government of Switzerland, that it has provisionally exercised its

functions under Article 54 (art. 54) of the convention in this case;

Decides to resume consideration of this case at its first meeting in

1994, or earlier if appropriate.

Appendix to Interim Resolution DH (89) 9

Information provided by the Government of Switzerland

during the examination of the case of F. against Switzerland

before the Committee of Ministers

The Court's judgment in the case of F. against Switzerland has been

officially brought to the attention of the cantonal courts, the

Federal Court and the Federal Insurance Court by the Swiss Minister of

Justice.

Further, by letter of 20 January 1988, the Minister requested the

Swiss Divorce Law Review Commission to consider the legislative

consequences to be drawn from the judgment. In a letter of

2 February 1988, the commission Chairman replied that the commission

intended to propose to the Government that Article 150 of the Swiss

Civil Code be repealed in the context of the revision of Swiss divorce

law due to take effect in 1995. The Swiss Government undertakes to

notify the Commmittee of Ministers in due course of the repeal of

Article 150.

The sum of 14 327 Swiss francs awarded by the Court to the applicant

in respect of costs and expenses was paid to the applicant's lawyer on

25 January 1988.

In the light of the above, the Swiss Government considers that it has

for the time being complied with its obligations under Article 53

(art. 53) of the European Convention on Human Rights.

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