Facts
The applicant, Nadine Schlumpf, born in 1937 under the first name Max, underwent a sex change operation on November 30, 2004. SWICA Gesundheitsorganisation (SWICA), her health insurer, refused to cover the costs of this operation. After the Cantonal Insurance Court of the Canton of Aargau referred the case back to SWICA for further investigation, the latter appealed to the FSCA, which upheld its appeal on December 5, 2005 and rejected the request for coverage of the costs. Nadine Schlumpf then brought the case before the ECHR, which found on January 8, 2009 violations of Arts. 6 and 8 of the ECHR. The Federal Tribunal therefore granted Nadine Schlumpf's request for revision and annulled the FSCA's judgment of December 5, 2005.Considerations
The Federal Tribunal considers that the revision is necessary to remedy the violations of the ECHR found by the ECHR. Although the FSCA had correctly applied Swiss law by requiring compliance with a two-year observation period before covering the sex reassignment surgery, the ECHR considered that…