Search
document

Document text Analytics

DREHER v. IRELAND

Doc ref: 11048/84 • ECHR ID: 001-367

Document date: July 6, 1987

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

DREHER v. IRELAND

Doc ref: 11048/84 • ECHR ID: 001-367

Document date: July 6, 1987

Cited paragraphs only

Application No. 11048/84

by Jörg DREHER

against Ireland

The European Commission of Human Rights sitting in private

on 6 July 1987 the following members being present:

MM. C. A. NØRGAARD, President

J. A. FROWEIN

G. JÖRUNDSSON

S. TRECHSEL

A. S. GÖZÜBÜYÜK

A. WEITZEL

J. C. SOYER

H. G. SCHERMERS

H. DANELIUS

G. BATLINER

H. VANDENBERGHE

Mrs. G. H. THUNE

Sir Basil HALL

Mr. F. MARTINEZ

Mr. C. ROZAKIS

Mrs. J. LIDDY

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 December 1983 by Jörg Dreher against Ireland and registered

on 24 July 1984 under file N° 11048/84;

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

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant, Mr. Jörg Dreher, was born in 1942 and is a

German citizen. He is a farmer by profession and, at present, resides

in Heidelberg. He is represented in proceedings before the Commission

by Dr. O. H. L. Messer, a lawyer practising in Kehl.

In 1963 the applicant purchased land in Ireland and was

registered as full owner of the land on 8 January 1965. In 1966 the

Irish Land Commission notified the applicant that it intended to

acquire his land pursuant to the provisions of the Land Acts and on

15 March 1967, after a hearing during which the applicant's objections

were rejected, the lay commissioners of the Land Commission made an

order for the acquisition of his property. This order was confirmed

by Order of the Appeal Tribunal on 28 October 1970.

The applicant appealed against the award of compensation

offered him by the Land Commission and on 23 October 1970 a Judicial

Commissioner fixed the quantum of compensation at £30,000 payable in

9 3/4% Land Bonds equal in nominal value to £30,000. The amount of

£30,000 so fixed by the judicial commissioner was the amount equal to

the market value of the land as is required by Section 25 of the Land

Act 1923 (as amended by Section 5(1) of the Land Act 1950).

The applicant subsequently challenged the constitutionality of

payment of compensation in Land Bonds submitting that this resulted in

compensation less than the market value, but his claim was eventually

rejected by the Supreme Court in a judgment delivered on 1 July 1983.

COMPLAINTS

The applicant complained under Article 1 of Protocol No. 1

to the Convention that the deprivation of his lands was not in the

public interest and that the amount offered by way of compensation

was inadequate and did not conform to the standard of compensation

prescribed by international law.

He further complained under Article 6 para. 1 of the

Convention of the alleged unfairness and of the length of the

procedure before the Land Commission and the Appeal Tribunal.

Finally, the applicant complained under Article 14 of the

Convention inter alia on the basis that he was discriminated

against on grounds of his nationality since similar acquisition

procedures were not taken against Irish nationals.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 19 December 1983 and

registered on 24 July 1984.

Since the lodging of the application the applicant's legal

representative raised his complaint through diplomatic channels with

the Irish Government. In a letter dated 17 May 1987 the applicant's

legal representative informed the Secretariat that the applicant's

land had now been restored to him and was registered in his name.

He further stated that in these circumstances he now sought to withdraw

his application before the Commission.

REASONS FOR THE DECISION

The Commission notes that the applicant complained of the

compulsory acquisition of his land in Ireland and invoked Articles 6

para. 1 and 14 (Art. 6-1+14) of the Convention and Article 1 of

Protocol No. 1 (P1-1). It further notes that after negotiations with

the Irish authorities the applicant's land has now been restored to

him and that the applicant seeks to withdraw his application before

the Commission.

The Commission finds that the applicant no longer intends to

maintain his application before the Commission and it sees no reasons

relating to the general interest to continue an examination of his

application.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)

LEXI

Lexploria AI Legal Assistant