AS TO THE ADMISSIBILITY OF
Application No. 14567/89
by Hermann N. HAHNE
against the Federal Republic of Germany
The European Commission of Human Rights sitting in private
on 17 March 1989, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
J. CAMPINOS
H. VANDENBERGHE
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
Mr. L. LOUCAIDES
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 6 May 1983
by Hermann N. HAHNE against the Federal Republic of Germany and
registered on 23 January 1989 under file No. 14567/89;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
The applicant, a German national born in 1948, complains under
Article 6 (Art. 6) of the Convention and Article 1 of Protocol No. 1
(P1-1) about the forced sale by auction of his real estate and the
unfairness of the enforcement proceedings concerned.
On 29 April 1982 the Celle District Court (Amtsgericht), upon
request of a bank institute in enforcement proceedings, ordered the
forced sale by auction of the applicant's real estate. On 3 December
1982, at the auction, the District Court accepted the highest offer
and decided that the property be sold by forced sale (Zuschlags-
beschluss). The applicant's request to postpone the forced sale, his
appeals against the forced sale and against the ensuing eviction
remained unsuccessful. On 26 April 1983 the Federal Constitutional
Court (Bundesverfassungsgericht) refused to admit the applicant's
constitutional complaint on the ground that it offered no prospect of
success.
The Commission has examined the applicant's separate
complaints as they have been submitted by him. However, after
considering the case as a whole, the Commission finds that it does not
disclose any appearance of a violation of the rights and freedoms set
out in the Convention.
It follows that the application is as a whole manifestly
ill-founded within the meaning of Article 27 para. 2 (Art. 27-2)
of the Convention.
For these reasons, the Commission
DECLARES THE APPLICATION INADMISSIBLE
Secretary to the Commission President of the Commission
(H. C. KRÜGER) (C. A. NØRGAARD)