Judgment concerning Switzerland

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In the case of Jann-Zwicker and Jann v. Switzerland the Court held that there had been violation of the right to a fair trial as regards lack of access to a court and the length of the proceedings before the national courts.

The case concerned the applicants’ relative's death from pleural cancer, allegedly caused by exposure to asbestos from a period in the 1960s and 70s. He had been living in a house rented from Eternit AG in the immediate vicinity of one of their plants, where asbestos was processed. Criminal proceedings initiated in 2006 and civil proceedings initiated in 2009 were unsuccessful. The Federal Court ruled that the civil claims were time-barred.

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