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)