Facts
The case concerns the revision of a judgment of 14 September 1994, in which the Federal Court dismissed a claim for compensation and determination filed by [A.] due to unlawful registration in the files of the Federal Prosecutor's Office. [A.] had filed a complaint on 9 March 1992 and requested payment of compensation of CHF 5,000.-- and determination of his unlawful registration in the files. The Federal Court dismissed the complaint, as it could not establish a serious violation of personality rights.
On 16 February 2000, the European Court of Human Rights found that Switzerland had violated Art. 8 ECHR in connection with the tapping of the telephone conversation and the subsequent creation and storage of [A.] 's file. Thereafter, [A.] filed a revision petition on 15 May 2000, requesting the annulment of the judgment of 14 September 1994 and the determination of his unlawful registration in the files.
Considerations
The Federal Court examined the revision petition and came to the conclusion that the revision was admissible, as the European Court of Human Rights had found a violation of the ECHR and a remedy was only possible through a revision. However, the Court found that the Court's finding that the tapping, filing, and storage of data by the Federal Prosecutor's Office were contrary to the Convention could not lead to a revision of the judgment of 14 September 1994, as the Federal Court had already found at that time that the interference with [A.] 's personality rights was not serious.
The Court found, however, that the cost and compensation ruling of the judgment of 14 September 1994 could be…