The Committee of Ministers, under the terms of Article 32 (art. 32) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European Commission of
Human Rights relating to the application lodged by Mr Dieter Preikhzas
against the Federal Republic of Germany (Application No. 6504/74);
Whereas on 26 January 1979 the Commission transmitted the said report
to the Committee of Ministers and whereas the period of three months
provided for in Article 32, paragraph 1 (art. 32-1), of the Convention
has elapsed without the case having been brought before the European
Court of Human Rights, in pursuance of Article 48 (art. 48) of the
Convention;
Whereas, in his application introduced on 13 January 1974, the
applicant alleged that the proceedings he had instituted before the
Labour Courts challenging disciplinary measures by his employer and
challenging his dismissal involved his civil rights and obligations,
which were not being determined within a reasonable time as required
by Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Commission, after having declared the application
admissible on 7 December 1977, considered in its report that the
applicant, who had accepted on 1 February 1978 a friendly settlement
on the merits of the proceedings initiated in the Federal Republic of
Germany, "can no longer claim under Article 25 (art. 25) of the
Convention to be a victim of a violation by the Federal Republic of
Germany of the rights set forth in Article 6, paragraph 1 (art. 6-1)"
and that in these conditions the Commission was not required to state
an opinion as to whether in this case Article 6, paragraph 1
(art. 6-1), had been violated;
Having regard to the opinion formulated by the Commission,
Decides that in this case the applicant can no longer claim, under
Article 25 (art. 25) of the Convention, to be a victim of a violation
by the Federal Republic of Germany of the rights set forth in
Article 6, paragraph 1 (art. 6-1), and that in these conditions no
further action is called for on the part of the Committee of Ministers
in this matter.