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Austria / Constitutional Court / B166/2013

Claim according to Art. 144 Constitutional Act because of violation of constitutionally guaranteed rights

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Austria / Constitutional Court
Decision date:

Key facts of the case:

Two married Dutch men, living in Tyrol, wanted to repeat their marriage in Austria. This was repealed, stating that marriage cannot be achieved by homosexual couples, but only registered partnership. Marriage is Austria is assessed using Austrian law. The couple filed a claim to the constitutional court according to Art. 144 of the Constitution, stating that they were violated in their constitutional rights, namely also Art. 8 and 14 of the ECHR and Art. 21 CFR.