Application No. 15420/89
by Wolfgang ERNICKE
against the Federal Republic of Germany
The European Commission of Human Rights sitting in private
on 12 April 1991, the following members being present:
MM. C.A. NØRGAARD, President
S. TRECHSEL
F. ERMACORA
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs. G. H. THUNE
Sir Basil HALL
MM. F. MARTINEZ RUIZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
A.V. ALMEIDA RIBEIRO
M.P. PELLONPÄÄ
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 28 July 1989
by Wolfgang Ernicke against the Federal Republic of Germany and
registered on 30 August 1989 under file No. 15420/89;
Having regard to the report provided for in Rule 47 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant, born in 1923, is a German national and resident
at Burgdorf/Ehlershausen. He is a businessman by profession. Before
the Commission he is represented by Mr. F. Serger, a lawyer practising
in Celle.
In autumn 1983 the Celle Public Prosecutor's Office (Staats-
anwaltschaft) started investigations against the applicant and others
on the suspicion of having committed various offences in connection
with the bankruptcy of a group of four firms.
On 17 February 1986 the Celle Public Prosecutor's Office
preferred the indictment (Anklageerhebung) against the applicant and
four co-accused. On 12 January 1988 a new indictment was preferred
before the Celle District Court (Amtsgericht).
On 12 April 1989 the trial opened before the Celle District
Court. The Celle District Court decided that, having regard to the
importance of the case, the proceedings be transferred to the Stade
Regional Court (Landgericht).
On 29 June 1989 the Stade Regional Court requested the Celle
Court of Appeal (Oberlandesgericht) to determine the court competent
to deal with the case.
On 26 October 1989 the Celle Court of Appeal determined the
Stade Regional Court as competent to deal with the case.
On 21 February 1991 the Stade Regional Court discontinued the
proceedings against the applicant.
COMPLAINTS
The applicant has complained under Article 6 para. 1 of the
Convention that the criminal charges against him would not be
determined within a reasonable time.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 28 July 1989 and registered
on 30 August 1989.
On 4 December 1989 the Commission decided to bring the
application to the notice of the respondent Government and to invite
them to submit written observations on its admissibility and merits.
After an extension of the time-limit, the Government submitted
their observations on 26 March 1990. The applicant replied after an
extension of the time-limit on 31 May 1990. The Government sent
further submissions on 1 August 1990, and the applicant on 17
September 1990.
By letter of 27 February 1991 the applicant informed the
Commission that the criminal proceedings against him had been
discontinued on 21 February 1991. He therefore regards his case before
the Commission as finished.
REASONS FOR THE DECISION
The Commission notes that the criminal proceedings against the
applicant were discontinued on 21 February 1991. From his submissions
of 27 February 1991, the Commission concludes that he does not intend
to pursue his petition further within the meaning of Article 30
para. 1 (a) of the Convention. Moreover, the Commission finds no
reasons of a general character affecting the respect for Human
Rights, as defined in the Convention, which require the further
examination of the case by virtue of Article 30 para. 1 in fine of
the Convention.
For these reasons, the Commission by a majority
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H. C. KRÜGER) (C. A. NØRGAARD)
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