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CASE OF NIEMIETZ AGAINST GERMANY

Doc ref: 13710/88 • ECHR ID: 001-55562

Document date: June 11, 1993

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Cited paragraphs: 0
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CASE OF NIEMIETZ AGAINST GERMANY

Doc ref: 13710/88 • ECHR ID: 001-55562

Document date: June 11, 1993

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Niemietz case delivered on 16 December 1992 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Germany lodged with the European Commission of Human Rights on

15 February 1988 under Article 25 (art. 25) of the Convention by

Mr. Gottfried Niemietz, a German national, who complained that

his right to respect for his home and correspondence had been

violated during a search of his office;

Recalling that the case was brought before the Court by the

Commission on 12 July 1991;

Whereas in its judgment of 16 December 1992 the Court

unanimously:

- held that there had been a violation of Article 8

(art. 8) of the Convention;

- held that no separate issue arose under Article 1 of

Protocol No. 1 (P1-1);

- dismissed the applicant's claim for just satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

Having invited the Government of Germany to inform it of the

measures which had been taken in consequence of the judgment of

16 December 1992, having regard to its obligation under

Article 53 (art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Germany gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution,

Declares, after having taken note of the information

supplied by the Government of Germany, that it has exercised its

functions under Article 54 (art. 54) of the Convention in this

case.

Appendix to Resolution DH (93) 24

Information provided by the Government of Germany

during the examination of the Niemietz case

by the Committee of Ministers

The applicable domestic law has not been respected in the

present case. The judgment of the European Court of Human Rights

has been translated into German and published in the Neue

Juristische Wochenschrift.

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