Facts
The appellant [A.N.] and the respondent [B.N.] were in a divorce proceeding before the District Court of Baden. On 11 December 1992, the appellant's property had been assigned to the respondent and the children as the marital home for the duration of the divorce proceedings. After the divorce on 20 September 1998, the appellant appealed to the Court of Appeal regarding the maintenance contribution, the transfer of part of his pension fund, and the division of property.
On 30 April 1999, the respondent had requested the President of the District Court to determine the maintenance contribution for the further duration of the divorce proceedings. The appellant counterclaimed, requesting that the plaintiff be ordered to vacate the property by 31 August 1999 at the latest. On 20 October 1999, the President of the District Court ruled that the plaintiff had to vacate the property by 31 March 2000 at the latest.
The respondent lodged an appeal, which the Court of Appeal allowed on 28 September 2000 and dismissed the enforcement action. The appellant then filed a constitutional complaint with the Federal Court and requested the annulment of the Court of Appeal's judgment and the remittal of the case for re-examination.
Considerations
The Federal Court ruled that the proceedings had become moot since the respondent had vacated the property on 9 January 2001. However, the appellant insisted on his legal interest in the annulment of the cantonal costs and compensation decision.
The Federal Court ruled that it could not consider the request for annulment of the cantonal costs and compensation decision, as this would only be possible if it also amended the…