Ernicke v. Germany

 Application No. 15420/89

by Wolfgang ERNICKE

against the Federal Republic of Germany

The European Commission of Human Rights sitting in private

on 12 April 1991, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 28 July 1989

by Wolfgang Ernicke against the Federal Republic of Germany and

registered on 30 August 1989 under file No. 15420/89;

Having regard to the report provided for in Rule 47 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant, born in 1923, is a German national and resident

at Burgdorf/Ehlershausen. He is a businessman by profession. Before

the Commission he is represented by Mr. F. Serger, a lawyer practising

in Celle.

In autumn 1983 the Celle Public Prosecutor's Office (Staats-

anwaltschaft) started investigations against the applicant and others

on the suspicion of having committed various offences in connection

with the bankruptcy of a group of four firms.

On 17 February 1986 the Celle Public Prosecutor's Office

preferred the indictment (Anklageerhebung) against the applicant and

four co-accused. On 12 January 1988 a new indictment was preferred

before the Celle District Court (Amtsgericht).

On 12 April 1989 the trial opened before the Celle District

Court. The Celle District Court decided that, having regard to the

importance of the case, the proceedings be transferred to the Stade

Regional Court (Landgericht).

On 29 June 1989 the Stade Regional Court requested the Celle

Court of Appeal (Oberlandesgericht) to determine the court competent

to deal with the case.

On 26 October 1989 the Celle Court of Appeal determined the

Stade Regional Court as competent to deal with the case.

On 21 February 1991 the Stade Regional Court discontinued the

proceedings against the applicant.

COMPLAINTS

The applicant has complained under Article 6 para. 1 of the

Convention that the criminal charges against him would not be

determined within a reasonable time.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 28 July 1989 and registered

on 30 August 1989.

On 4 December 1989 the Commission decided to bring the

application to the notice of the respondent Government and to invite

them to submit written observations on its admissibility and merits.

After an extension of the time-limit, the Government submitted

their observations on 26 March 1990. The applicant replied after an

extension of the time-limit on 31 May 1990. The Government sent

further submissions on 1 August 1990, and the applicant on 17

September 1990.

By letter of 27 February 1991 the applicant informed the

Commission that the criminal proceedings against him had been

discontinued on 21 February 1991. He therefore regards his case before

the Commission as finished.

REASONS FOR THE DECISION

The Commission notes that the criminal proceedings against the

applicant were discontinued on 21 February 1991. From his submissions

of 27 February 1991, the Commission concludes that he does not intend

to pursue his petition further within the meaning of Article 30

para. 1 (a) of the Convention. Moreover, the Commission finds no

reasons of a general character affecting the respect for Human

Rights, as defined in the Convention, which require the further

examination of the case by virtue of Article 30 para. 1 in fine of

the Convention.

For these reasons, the Commission by a majority

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)