Ex-monk fails with claim against former fellow monks
Published: Wednesday, Oct 30th 2024, 13:10
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A former Benedictine monk has lost his case against the Abbey of St. Martin in Muri AG before the Federal Supreme Court. The now retired man demanded 1.2 million francs for an appropriate pension and lost income.
The complainant entered the Benedictine monastery in Bolzano/IT, which belongs to the abbey in Muri, as a young man. After various stages in his life, he applied for release from his duties and rights as a cleric in 2006. It took 16 years for the so-called laicization to be approved.
Because he was unable to accept a position as a pastor during this time due to the lack of confinement, he filed a lawsuit against his former monastery, which in his opinion had delayed the laicization. He filed his lawsuit in Obwalden, as can be seen from a ruling of the Federal Supreme Court published on Wednesday.
Lack of authorization
Sarnen is also home to a Benedictine college, which was originally formed by monks from Muri. The cantonal courts did not intervene in the ex-monk's lawsuit. In their opinion, there was no authorization to sue, which is granted as part of a conciliation procedure if no agreement can be reached.
Contrary to the complainant's statements, the Federal Supreme Court ruled that the opposing side did not waive such a conciliation hearing - not even impliedly. The action was preceded by various unsuccessful negotiations between the complainant and the Benedictines. (Judgment 4A_115/2024 of 20.9.2024)
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