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CASE OF ELLIES v. GERMANY

Doc ref: 20335/92 • ECHR ID: 001-101

Document date: April 11, 1997

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CASE OF ELLIES v. GERMANY

Doc ref: 20335/92 • ECHR ID: 001-101

Document date: April 11, 1997

Cited paragraphs only

In the case of Ellies v. Germany (1),

The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 48-2) of the

Convention for the Protection of Human Rights and Fundamental Freedoms

("the Convention") and Rule 26 of Rules of Court B (2),

_______________

Notes by the Registrar

1. The case is numbered 162/1996/781/982. The first number is the

case's position on the list of cases referred to the Court in the

relevant year (second number). The last two numbers indicate the

case's position on the list of cases referred to the Court since its

creation and on the list of the corresponding originating applications

to the Commission.

2. Rules of Court B, which came into force on 2 October 1994, apply

to all cases concerning the States bound by Protocol No. 9 (P9).

________________

Sitting in private at Strasbourg on 20 March 1997, and composed

of the following judges:

Mr C. Russo, Chairman,

Mr R. Bernhardt,

Mr A. Spielmann,

and also of Mr H. Petzold, Registrar,

Having regard to the application against the

Federal Republic of Germany lodged with the Court on 6 December 1996

by three German nationals, Mrs Ute Ellies, Miss Anke Ellies and

Mr Carsten Ellies, within the three-month period laid down by

Article 32 para. 1 and Article 47 of the Convention (art. 32-1,

art. 47);

Whereas Germany has recognised the compulsory jurisdiction of the

Court (Article 46 of the Convention (art. 46)) and ratified

Protocol No. 9 to the Convention (P9), Article 5 (P9-5) of which amends

Article 48 of the Convention (art. 48) so as to enable a person,

non-governmental organisation or group of individuals having lodged a

complaint with the European Commission of Human Rights

("the Commission") to refer the case to the Court;

Noting that the present case has not been referred to the Court

by either the Government of the respondent State or the Commission

under Article 48 para. 1 (a) or (d) of the Convention (art. 48-1-a,

art. 48-1-d);

Having regard to the Commission's report of 16 October 1996 on

the application (no. 20335/92) lodged with the Commission by the

applicants on 6 August 1991;

Whereas the applicants complained of the length of proceedings

in the German civil courts, to which they are parties, and alleged a

breach of Article 6 para. 1 of the Convention (art. 6-1), under which

"In the determination of his civil rights and obligations ..., everyone

is entitled to a ... hearing within a reasonable time by [a] ...

tribunal ...";

Whereas the applicants, in specifying the object of their

application, as required by Rule 34 para. 1 (a) of Rules of Court B,

stated that they sought a decision by the Court holding that there had

been a breach of Article 6 para. 1 of the Convention (art. 6-1) and

awarding them just satisfaction under Article 50 (art. 50) consisting

in their retrospective entitlement to application of the new

legislative provisions on industrial diseases;

Having regard to Article 48 of the Convention (art. 48) and

Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,

1. Finds that

(a) the case raises no serious question affecting the interpretation

or application of the Convention, as the Court has already

established case-law on the "reasonable time" requirement in

Article 6 para. 1 of the Convention (art. 6-1); and

(b) the case does not, for any other reason, warrant consideration

by the Court as, in the event of a finding that there has been

a breach of the Convention, the Committee of Ministers of the

Council of Europe can award the applicants just satisfaction,

having regard to any proposals made by the Commission;

2. Decides, therefore, unanimously, that the case will not be

considered by the Court.

Done in English and in French, and notified in writing on

11 April 1997 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: Carlo RUSSO

Chairman

Signed: Herbert PETZOLD

Registrar

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