Application No. 12421/86
Paul and Gerda MEIER-SAX
against
Switzerland
Report of the Commission
(Adopted on 7 October 1988)
TABLE OF CONTENTS
Page
I. THE PARTIES
(paras. 1 - 3) 1
II. SUMMARY OF THE FACTS
(paras. 4 - 5) 1
III. THE PROCEEDINGS BEFORE THE COMMISSION
(paras. 6 - 12) 1
IV. THE DECISION OF THE COMMISSION
(paras. 13 - 15) 3
APPENDIX: Decision on Admissibility 4 - 20
I. THE PARTIES&S
1. This Report, which is drawn up by the Commission in accordance
with Rule 54 of its Rules of Procedure, concerns the application
brought by Paul and Gerda Meier-Sax against Switzerland.
2. The applicants were represented before the Commission by
Mr. L.A. Minelli, a lawyer practising at Forch / Switzerland.
3. The Swiss Government was represented before the Commission by
their Agent, Mr. O. Jacot-Guillarmod, Head of the Service of
International Affairs of the Federal Office of Justice.
II. SUMMARY OF THE FACTS&S
4. The facts of the case are set out in the Commission's Decision
as to the admissibility of the application of 11 May 1988, attached
hereto as an Appendix (pp. 4 - 20).
5. The pertinent facts and complaints may be summarised as
follows:
The applicants who were renting an apartment near a military
shooting site were disturbed by the noise. They asked on 30 March
1984 the Federal Military Department to request the competent Federal
Assessment Commission to institute expropriation proceedings. The
Federal Military Department refused to do so, stating inter alia, that
the noise levels were not excessive. The applicants thereupon filed
on 29 June 1984 an administrative law appeal with the Federal Court
which on 18 June 1986 upheld the appeal and ordered the Federal
Military Department to institute the expropriation proceedings in
question. The reasons of the decision were served on 19 September
1986. Expropriation proceedings then commenced before the Federal
Assessment Commission.
Before the Commission the applicants complained under
Article 6 para. 1 of the Convention of the length of the proceedings
before the Federal Court, lasting approximately 27 months after the
appeal was filed.
III. THE PROCEEDINGS BEFORE THE COMMISSION&S
6. The present application was introduced on 26 May 1986 and
registered on 30 September 1986. On 8 May 1987 the Commission decided
to give notice of the application to the respondent Government in
accordance with Rule 42 para. 2 (b) of the Rules of Procedure, and to
request the parties' written observations.
7. On 14 July 1987 the respondent Government submitted their
observations. The applicants' reply was submitted on 30 September 1987.
8. On 11 May 1988 the Commission declared the application
admissible. On 13 May and 9 June 1988 the parties were invited,
pursuant to Rule 45 para. 2 of the Rules of Procedure, to submit
supplementary observations on certain questions put by the
Commission.
9. The applicants submitted their supplementary observations
on 9 June 1988.
10. On 19 July 1988 the respondent Government informed the
Commission of a decision of the Federal Assessment Commission of 5
July 1988 according to which the applicants and the Swiss
Confederation, acting through the Federal Military Department, had
reached a settlement, and that as one condition of this settlement the
applicants would withdraw their Application No. 12421/86 pending
before the Commission. On 17 August 1988 the applicants informed the
Commission that in view of the settlement achieved they had lost
interest in pursuing the said Application.
11. By letter of 2 September 1988 the respondent Government were
consulted, in accordance with Rule 49 para. 2 of the Commission's
Rules of Procedure, as to striking the present application off the
Commission's list of cases.
12. On 7 October 1988, the Commission decided to strike the
present application off its list, in accordance with Rules 44
para. 1 (a) of its Rules of Procedure. It adopted the present Report
and decided to transmit it to the Committee of Ministers and the
parties for information and to publish it. The following members were
present:
MM. C. A. NØRGAARD, President
J. A. FROWEIN
S. TRECHSEL
F. ERMACORA
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
A. S. GÖZÜBÜYÜK
A. WEITZEL
J. C. SOYER
H. G. SCHERMERS
H. DANELIUS
G. BATLINER
J. CAMPINOS
H. VANDENBERGHE
Mrs. G. H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
IV. THE DECISION OF THE COMMISSION&S
13. The Commission notes that the applicants have expressly stated
that they have lost interest in pursuing their Application No. 12421/86.
14. The Commission finds, therefore, that the applicants no longer
wish their case to be examined, and further considers that there are
no reasons of a general character affecting the observance of the
Convention which warrant further examination of the application.
15. For these reasons, the Commission, having regard to Rules 44
para. 1 (a), 49 and 54 of its Rules of Procedure,
- decides to strike Application No. 12421/86 off its list;
- adopts the present Report;
- decides to send the present Report to the Committee of
Ministers for information, to send it also to the parties,
and to publish it.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)