CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 2 mars 1989

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  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.