Communicated on 13 March 2019
FIFTH SECTION
Application no. 37404/15
Thomas DRESCHER
against Germany
lodged on 23 July 2015
SUBJECT MATTER OF THE CASE
The application concerns criminal proceedings against the applicant. The Gera Regional Court has never decided on the applicant’s appeal against the District Court’s judgment of 15 October 2013. The applicant’s conviction at first instance was the basis of the initial enforcement and then the basis for fixing the global fine which ultimately became the sole basis of the further enforcement measures. The applicant complains under Articles 6 §1 and 13 that the fine was enforced although the conviction had never become final and that the domestic courts had ignored his remedies.
QUESTIONS tO THE PARTIES
1. Did the applicant have a fair hearing - including the proceedings concerning the global fine and the enforcement proceedings - in the determination of the criminal charge(s) against him, in accordance with Article 6 § 1 of the Convention? In particular, was his right to access to court respected?
2. Did the applicant have at his disposal an effective domestic remedy for his Convention complaints, as required by Article 13 of the Convention?
3. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention? In particular, were his domestic complaints and appeals in the conviction proceedings, in the proceedings concerning the global fine and in the enforcement proceedings an effective remedy within the meaning of this provision?
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