Facts
By a decision of January 6, 1955, the State Council of the Canton of Zurich authorized, pursuant to Art. 30 CC, Anna Bertha Müller, divorced after 30 years of marriage from Eduard Sidler, to henceforth bear the family name Sidler instead of Müller. The ex-husband Eduard Sidler filed a public law appeal for violation of Art. 4 Cst., arguing that the clear provision of Art. 149 CC excluded such a "return to the maiden name" for the ex-wife and that there were no "just reasons" within the meaning of Art. 30 para. 1 CC.Considerations
The Federal Tribunal considers that the public law appeal for violation of constitutional rights is admissible, according to Art. 86 para. 2 FSCA, only after exhaustion of the cantonal appeal routes, a notion to be interpreted broadly. Thus, when an administrative decision affects the legal situation, not only appeals against this decision are concerned, but also the civil action to remedy this infringement.
In the present case, the authorization granted to the ex-wife to bear the family name Sidler can be challenged by the ex-husband within one year pursuant to Art. 30 para. 3 CC, in particular on the…