European Court of Human Rights

Information Note on the Court’s case-law 186

June 2015

Dietz and Suttasom v. Austria - 31185/13

 

Article 14

Discrimination

Conclusion of registered partnership and civil marriage before different authorities: communicated See: [2015] ECHR 644

[This summary also covers the communicated case of Hörmann and Moser v. Austria, no. 31176/13]. [2015] ECHR 645

The applicants, homosexual couples, applied to the Office for Matters of Personal Status to contract a civil marriage. They further stated that in case they were denied the conclusion of a civil marriage, they wished to apply for the conclusion of a registered partnership, but only if the conclusion were to take place before the Office for Matters of Personal Status. Their application for the conclusion of a civil marriage was dismissed as, under the Civil Code, civil marriage could only be concluded by two persons of the opposite sex. The Office for Matters of Personal Status also dismissed their application for a registered partnership as such a partnership could only be concluded before the District Administrative Authority. The applicants unsuccessfully appealed against that decision before the administrative authorities and the domestic courts.

The applicants complain under Article 14 read in conjunction with Article 8 that they were discriminated against on grounds of their sexual orientation, because registered partnerships (which are open exclusively to same-sex couples) are concluded before the District Administrative Authorities, while civil marriage (which can only be concluded by two persons of the opposite sex) is contracted before the Office for Matters of Personal Status.

Communicated on 29 May 2015 under Article 14 read in conjunction with Article 8.

 

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