Communicated on 3 November 2019

FIRST SECTION

Application no. 41089/15
Fausto SCHERMI and Elwin Anthony VAN DIJK
against Italy
lodged on 10 August 2015

SUBJECT MATTER OF THE CASE

The application concerns the refusal of the Italian authorities to register the applicants’ marriage (same-sex marriage) contracted abroad, as well as the lack of any legal recognition of their union in Italy.

QUESTIONS TO THE PARTIES

1.  Was the interference with the applicants’ right to respect for their private and family life, namely the refusal to register their marriage contracted abroad, in accordance with the law and necessary in terms of Article 8 § 2?

2.  Has there been a violation of the applicants’ right to respect for their private and family life contrary to Article 8 of the Convention, in particular in so far as they had no other possibility to have their relationship recognised by law prior to the entry into force of Law no. 76 of 20 May 2016?

3.  Have the applicants suffered discrimination in the enjoyment of their Convention rights on the ground of their sexual orientation, contrary to Article 14 of the Convention read in conjunction with Article 8 and/or 12 of the Convention, in respect of their inability to (i) register their marriage and (ii) enter into any other type of civil union recognising their relationship in Italy prior to the entry into force of Law no. 76 of 20 May 2016?

APPENDIX