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HAHNE v. GERMANY

Doc ref: 14567/89 • ECHR ID: 001-1137

Document date: March 17, 1989

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Cited paragraphs: 0
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HAHNE v. GERMANY

Doc ref: 14567/89 • ECHR ID: 001-1137

Document date: March 17, 1989

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 14567/89

by Hermann N. HAHNE

against the Federal Republic of Germany

The European Commission of Human Rights sitting in private

on 17 March 1989, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

J. CAMPINOS

H. VANDENBERGHE

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

Mr. L. LOUCAIDES

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 6 May 1983

by Hermann N. HAHNE against the Federal Republic of Germany and

registered on 23 January 1989 under file No. 14567/89;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

The applicant, a German national born in 1948, complains under

Article 6 (Art. 6) of the Convention and Article 1 of Protocol No. 1

(P1-1) about the forced sale by auction of his real estate and the

unfairness of the enforcement proceedings concerned.

On 29 April 1982 the Celle District Court (Amtsgericht), upon

request of a bank institute in enforcement proceedings, ordered the

forced sale by auction of the applicant's real estate. On 3 December

1982, at the auction, the District Court accepted the highest offer

and decided that the property be sold by forced sale (Zuschlags-

beschluss). The applicant's request to postpone the forced sale, his

appeals against the forced sale and against the ensuing eviction

remained unsuccessful. On 26 April 1983 the Federal Constitutional

Court (Bundesverfassungsgericht) refused to admit the applicant's

constitutional complaint on the ground that it offered no prospect of

success.

The Commission has examined the applicant's separate

complaints as they have been submitted by him. However, after

considering the case as a whole, the Commission finds that it does not

disclose any appearance of a violation of the rights and freedoms set

out in the Convention.

It follows that the application is as a whole manifestly

ill-founded within the meaning of Article 27 para. 2 (Art. 27-2)

of the Convention.

For these reasons, the Commission

DECLARES THE APPLICATION INADMISSIBLE

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)

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