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F. ; K. v. FRANCE, GERMANY and UNITED KINGDOM

Doc ref: 16574/90 • ECHR ID: 001-802

Document date: December 3, 1990

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F. ; K. v. FRANCE, GERMANY and UNITED KINGDOM

Doc ref: 16574/90 • ECHR ID: 001-802

Document date: December 3, 1990

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 16574/90

by F. and K.

against France, the Federal Republic

of Germany and the United Kingdom

The European Commission of Human Rights sitting in private

on 3 December 1990, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

Mr. F. MARTINEZ RUIZ

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 19 April 1990

by F. and K. against France, the Federal Republic of Germany and the

United Kingdom and registered on 9 May 1990 under file No. 16574/90;

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

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

The first applicant, born in 1953, was a citizen of the United

States of America. He now claims to be stateless. He is resident in

Berlin. His first application, No. 15788/89, was declared inadmissible

on 7 Februrary 1990. The second applicant is a German national, born

in 1947, who also lives in Berlin.

The applicants were frequent contributors to Bürger-Radio and

other radio stations in Berlin. They claim that they were able to

broadcast on a variety of topics.

On 4 September 1989 the Cable Communications Office (Anstalt

für Kabelkommunikation) confirmed to Mrs. Sabine Hermann and Mr. Hans

Ferenz, the directors of Bürger-Radio, that it would no longer be

allowed to broadcast from 30 November 1989.

On 11 September 1989 the Berlin Administrative Court

(Verwaltungsgericht) rejected the first applicant's application for

the decision concerning Bürger-Radio's continued broadcasting to be

further suspended on the ground that he had no locus standi.

On 16 November 1989 the Berlin Administrative Appeals Court

(Oberverwaltungsgericht) rejected the first applicant's appeal

(Beschwerde) summarily.

On 8 January 1990 the Federal Constitutional Court

(Bundesverfassungsgericht) notified the first applicant that it could

not hear his complaint as it lacked jurisdiction with respect to

official acts by Land Berlin.

The applicants complain, inter alia, that there has been a

violation of Articles 9 and 10 of the Convention in that public trust

is being abused by the State authorities permitting the air waves to

become a forum solely for the propagation of national state and

collectivist ideology as well as for commercial exploitation. They

also allege violations of Articles 2 and 3 of Protocol No. 1 and of

Articles 1, 5, 6, 8, 13, 14 and 63 of the Convention.

To the extent that the applicants complain about the actions

of France and the United Kingdom, the Commission recalls that

complaint may only be made of matters within the jurisdiction of

contracting parties. The Commission has examined the question whether

the administration of Bürger-Radio as complained of in the present

application could entail the responsibility of France or the United

Kingdom under the Convention. This examination has disclosed no

grounds on which such responsibility could arise (cf. No. 6231/73,

Dec. 28.5.75, D.R. 2 p. 72).

It follows that this part of the application is incompatible

ratione personae with the provisions of the Convention within the

meaning of Article 27 para. 2 of the Convention.

To the extent that the applicants complain about the actions

of the Federal Republic of Germany, the Commission finds no

indication, on the facts of the case, that the effect of the closure of

Bürger-Radio on the applicants could be regarded as arbitrary,

discriminatory or otherwise contrary to the requirements of

objectivity and impartiality. In these circumstances, the Commission

considers that no issue is raised under Article 10 of the Convention.

The Commission further finds no appearance of a violation of

any of the other provisions invoked by the applicants with regard to

the Federal Republic of Germany.

It follows that this part of the application is manifestly

ill-founded within the meaning of Article 27 para. 2 of the Convention.

For these reasons, the Commission, by a majority

DECLARES THE APPLICATION INADMISSIBLE.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)

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