Decision on the authorization to register a marriage celebrated abroad in the civil registry

Facts

Josef Hugo Spross, born in 1894, from Zurich and domiciled in Zurich, and Bertha Schnider, born in 1897, from Basel and Langenbruck BL, domiciled in Zurich, were married on June 19, 1964 before the civil registry office of the district of Thanet, county of Kent, in England. Their marriage was then registered in the civil registries of the cantons of Basel-City and Basel-Country with the authorization of the cantonal supervisory authorities. However, the Department of the Interior of the canton of Zurich initially deferred its decision on the registration, due to pending proceedings aimed at prohibiting this marriage. It finally ordered the registration on March 15, 1965, two days after the death of the spouse. The deceased's son, Werner Hansjörg Spross, then appealed against this decision of authorization of registration.

Considerations

The Federal Tribunal considers that the administrative law appeal against the decision of authorization of registration is admissible, even if the registration has already been carried out. As long as the appeal can be filed or is pending, the authorization decision must be executed subject to the outcome of the appeal.

Regarding the appeal deadline, the Federal Tribunal considers that when the authorization to register a civil status act established abroad…