Scherer v. Switzerland (striking out)

Information Note on the Court’s case-law No.

March 1994

Scherer v. Switzerland (striking out) - 17116/90

Judgment 25.3.1994

Article 37

Article 37-1

Striking out applications

Conviction for projecting pornographic film in sex shop and length of criminal proceedings: struck out

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

Applicant's death: in the circumstances of the case constituted "fact of a kind to provide a solution of the matter" - no reason of ordre public (public policy) for continuing proceedings, especially as, since the events giving rise to the case, Federal Court's case-law and Swiss legislation on "obscene items" had undergone substantial changes.

Conclusion: case ordered to be struck out of the list (six votes to three).

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

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