Facts

The facts can be summarized as follows: A. In October 2003, [A.], born in 1977, applied for disability insurance benefits due to lower back pain. The IV office of the canton of St. Gallen evaluated her medical and professional situation. For the period from June 1, 2003 to August 31, 2004, it set a disability rate of 50%, and then from September 1, 2004 a rate of 22% according to the mixed method of evaluation. The insured person filed an objection, but it was rejected. B. [A.] brought a case before the European Court of Human Rights (ECHR) alleging a violation of Articles 6, 8 and 14 of the European Convention on Human Rights (ECHR). The ECHR found, by 4 votes to 3, a violation of Article 14 in conjunction with Article 8 ECHR. It awarded the insured person compensation of 5,000 euros for non-pecuniary damage and 24,000 euros for her costs and expenses. C. [A.] filed a request for revision with the Federal Tribunal, based on the ECHR judgment of February 2, 2016.

Considerations

1. The Federal Tribunal examines whether the conditions for revision under Art. 122 FSCA are met. 2. It finds that the ECHR has found a violation of Art. 14 in conjunction with Art. 8 ECHR, that the compensation awarded does not cover the alleged pecuniary damage, and that revision is necessary to remedy the violation. 3. The ECHR justified its decision by noting that the application of the mixed method of disability evaluation disproportionately affects women who reduce their professional activity…