CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 21 septembre 1994

.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 Burghartz case delivered on 22 February 1994 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 26 January 1990 under Article 25 (art. 25) of the Convention by a married couple, Mr Albert Burghartz, a Swiss and German national, and Ms Susanna Burghartz, a Swiss national, and that the Commission declared admissible the complaint that the first applicant was denied the right to put his family name in front of his wife's, which he had taken as his family name after the marriage, whereas a woman in the same situation who had taken the husband's name as her family name could put her previous name before the family name;        Recalling that the case was brought before the Court by the Commission on 11 December 1992 and by the Government of the Swiss Confederation on 8 January 1993;        Whereas in its judgment of 22 February 1994 the Court:        - dismissed, unanimously, the government's preliminary objections;        - held, by six votes to three, that Article 8 (art. 8) applied in this case;        - held, by five votes to four, that there had been a breach of Article 14 taken together with Article 8 (art. 14+8);        - held, unanimously, that it was unnecessary to determine whether there had also been a breach of Article 8 (art. 8) taken alone;        - held, unanimously, that Switzerland was to pay the applicant, within three months, 20 000 Swiss francs in respect of costs and expenses;        - dismissed, unanimously, the remainder of the claim for just satisfaction;        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 the Swiss Confederation to inform it of the measures which had been taken in consequence of the judgment of 22 February 1994, 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 the Swiss Confederation 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 on 7 March 1994 the Government of the Swiss Confederation paid the applicants the sum provided for in the judgment of 22 February 1994,        Declares, after having taken note of the information supplied by the Government of the Swiss Confederation, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                   Appendix to Resolution DH (94) 61   Information provided by the Government of the Swiss Confederation during the examination of the Burghartz case by the Committee of Ministers        On 1 July 1994, an amendment to Section 177.a of the Civil Status Ordinance entered into force of which the first sub-paragraph reads as follows:        "The fiancée may declare to the officer of the Civil Register      that she wishes to conserve, after the marriage, the name      which she has borne until then, followed by the family name      (Article 160, sub-paragraphs 1 and 2 of the Civil Code).   The      fiancé has the same possibility when both fiancés request to      be allowed to bear, after the marriage, the name of the wife      as family name (Article 30, sub-paragraph 2, of the Civil      Code)."        A transitional provision, Section 188.i, stipulates as follows:        "If the fiancés have been authorised prior to 1 July 1994 to      have the name of the wife as family name as from the date of      marriage (Article 30, sub-paragraph 2, of the Civil Code in      its version of 5 October 1984), the husband may, until      30 June 1995, declare to the officer of the Civil Register      that he wishes to add the name he bore before marriage before      the family name.        A man born in Switzerland who bears the family name of his      wife in accordance with foreign law may also make such a      declaration."        The applicant has availed himself of the possibility offered by the transitional provisions and bears today officially the name of Schnyder Burghartz.   Accordingly, the government considers that his request for a reopening of the proceedings before the Federal Court has become devoid of purpose and that the situation is the same with regard to his request to the cantonal authorities to be allowed to change his name in conformity with Article 30, sub-paragraph 1, of the Civil Code.        In the light of the foregoing, the Government of Switzerland considers that it has fulfilled the obligations imposed on it under Article 53 (art. 53) of the European Convention on Human Rights.