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.