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PREIKHZAS AGAINST GERMANY

Doc ref: 6504/74 • ECHR ID: 001-49233

Document date: October 19, 1979

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  • Cited paragraphs: 0
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PREIKHZAS AGAINST GERMANY

Doc ref: 6504/74 • ECHR ID: 001-49233

Document date: October 19, 1979

Cited paragraphs only



The Committee of Ministers, under the terms of Article 32 (art. 32) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the Convention"),

Having regard to the report drawn up by the European Commission of

Human Rights relating to the application lodged by Mr Dieter Preikhzas

against the Federal Republic of Germany (Application No. 6504/74);

Whereas on 26 January 1979 the Commission transmitted the said report

to the Committee of Ministers and whereas the period of three months

provided for in Article 32, paragraph 1 (art. 32-1), of the Convention

has elapsed without the case having been brought before the European

Court of Human Rights, in pursuance of Article 48 (art. 48) of the

Convention;

Whereas, in his application introduced on 13 January 1974, the

applicant alleged that the proceedings he had instituted before the

Labour Courts challenging disciplinary measures by his employer and

challenging his dismissal involved his civil rights and obligations,

which were not being determined within a reasonable time as required

by Article 6, paragraph 1 (art. 6-1), of the Convention;

Whereas the Commission, after having declared the application

admissible on 7 December 1977, considered in its report that the

applicant, who had accepted on 1 February 1978 a friendly settlement

on the merits of the proceedings initiated in the Federal Republic of

Germany, "can no longer claim under Article 25 (art. 25) of the

Convention to be a victim of a violation by the Federal Republic of

Germany of the rights set forth in Article 6, paragraph 1 (art. 6-1)"

and that in these conditions the Commission was not required to state

an opinion as to whether in this case Article 6, paragraph 1

(art. 6-1), had been violated;

Having regard to the opinion formulated by the Commission,

Decides that in this case the applicant can no longer claim, under

Article 25 (art. 25) of the Convention, to be a victim of a violation

by the Federal Republic of Germany of the rights set forth in

Article 6, paragraph 1 (art. 6-1), and that in these conditions no

further action is called for on the part of the Committee of Ministers

in this matter.

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