The applicants, Andreas Wyssenbach and Pia Wyssenbach-Illi, are Swiss nationals who were born in 1946 and 1935; Respectively. Mr Wyssenbach died on 13 April 2009. Mrs Wyssenbach-Illi lives in Berne (Switzerland). The case concerned their allegations that the proceedings concerning them before the Federal Court had been unlawful. The applicants were renting immovable property in Berne and brought proceedings against the landlord after he terminated their lease in 2003. When their action was dismissed in 2004 they lodged an appeal on grounds of nullity with the Court of Appeal, which was dismissed in 2005.
Arguing that the first-instance and appeal proceedings had been beset by irregularities, they lodged a public-law appeal with the Federal Court; this too was dismissed in 2006. Mr Wyssenbach, who was an experienced lawyer, informed the Federal Court that he had not been sent the observations submitted by the Court of Appeal and by the opposing party, and requested that he be provided with a copy. After receiving it he wrote to the President of the Federal Court reiterating his complaints. The latter replied that there was sufficient evidence that the observations had in fact been sent.
Relying on Article 6 (right to a fair hearing), the applicants complained that the Federal Court had not sent them a copy of the observations made by the Court of Appeal and by the opposing party.
The Court concluded that there was no violation of Art. 6§1.
