CONCURRING OPINION OF      MR. GANSHOF VAN DER MEERSCH

( Translation )

I am of the opinion, like my distinguished colleagues, that there was no violation of the rights guaranteed by Article 6 para. 1 (art. 6-1) of the Convention in the concrete case of application of the German Federal Republic ’ s Act of 15 August 1969 which was referred to the Court; however, I cannot agree with one of the reasons on which the Court has based its decision.

I regret that in paragraphs 28 and 32 of the judgment the Court refers, in order to justify the absence of violation, to the fact that the Federal Court of Justice "determines solely issues of law".

Apparently this is not just an obiter dictum, and this impression is reinforced by the fact that in paragraph 31 the Court also cites in support of its decision the example, to be found in several member States of the Council of Europe, of the procedure consisting of the deposit of the judgment in a registry accessible to the public, such procedure being utilised "especially [in] their courts of cassation".

[*]  Note by the registry: In the version of the Rules applicable when proceedings were instituted.  A revised vers ion of the Rules entered into force on 1 January 1983 , but only in respect of cases refe rred to the Court after that date.