CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 8 mai 1987

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  AS TO THE ADMISSIBILITY OF   Application No. 12668/87 by M.B. against the Federal Republic of Germany             The European Commission of Human Rights sitting in private on 8 May 1987, the following members being present:                         MM. C.A. NØRGAARD, President                         G. SPERDUTI                         F. ERMACORA                         G. JÖRUNDSSON                         S. TRECHSEL                         B. KIERNAN                         A.S. GÖZÜBÜYÜK                         A. WEITZEL                         H.G. SCHERMERS                         G. BATLINER                         H. VANDENBERGHE                    Mrs   G.H. THUNE                    Sir   Basil HALL                    Mr.   F. MARTINEZ                      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 25 November 1986 by M.B. against the Federal Republic of Germany and registered on 26 January 1987 under file No. 12668/87;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   THE FACTS           The facts of the case, as they have been submitted by the applicant, may be summarised as follows.           The applicant, born in 1965, is a German national and resident at B.   He is a baker by profession.   Before the Commission he is represented by Mr.   W. Both, a lawyer practising at Rotenburg.           On 24 July 1985 the Rotenburg District Court (Amtsgericht) fined the applicant for aggression and reckless driving (Nötigung und gefährlicher Eingriff in den Strassenverkehr) committed in October 1984.   The Court moreover prohibited the applicant from driving motor vehicles for the period of one month.   In these and the following proceedings the applicant was represented by Mr.   Both.           On 27 November 1985 the Rotenburg District Court fined the applicant again for aggression and reckless driving (Nötigung und fahrlässige Gefährdung des Strassenverkehrs) committed in March 1985. Furthermore the Court withdrew the applicant's driving licence and ordered that he should not be issued a new driving licence until the expiry of six months.           On 19 March 1986 the Kassel Regional Court (Landgericht) dismissed the applicant's appeals (Berufungen) against the judgments of 24 July and 27 November 1985.   The Court confirmed the withdrawal of the driving licence and the order that no new licence should be issued until the expiry of further six months.   The Court, having regard to the particular circumstances of the applicant's case, refused to credit the period of time, which had elapsed since the judgment of 27 November 1985, towards this blocking period (Sperrfrist).   Under S. 69 (a) para. 5 of the German Criminal Code (Strafgesetzbuch) the blocking period starts after the final judgment. However, the Court cancelled the one month's prohibition on driving motor vehicles.           On 15 May 1986 the Federal Constitutional Court (Bundesver- fassungsgericht) refused to admit the applicant's constitutional complaint (Verfassungsbeschwerde) on the ground that it offered no prospect of success.     COMPLAINTS           The applicant complains under Article 6 of the Convention that the Regional Court's judgment of 19 March 1986 was unfair on the ground that the blocking period was in fact prolonged.   He considers that his right to appeal was thereby prejudiced.   THE LAW           The applicant complains under Article 6 (Art. 6) of the Convention of the Regional Court's judgment of 19 March 1986.   He considers that the Court's decision not to credit the period of the appeal proceedings towards the blocking period rendered the proceedings unfair and prejudiced his right to appeal.           It is true that Article 6 para. 1 (Art. 6-1) of the Convention secures to everyone charged with a criminal offence the right to a fair hearing.           The Commission recalls that Article 6 para. 1 (Art. 6-1) is in principle applicable to proceedings before courts of appeal or of cassation (Eur.   Court H.R., Axen judgment of 8 December 1983, Series A no. 72 p. 12). However, the Commission has already held that, in appeal proceedings, the risk of a factual prolongation of a blocking period concerning a driving licence, which follows from S. 69 (a) para. 5 of the German Criminal Code, does not constitute a factor contrary to Article 6 para. 1 (Art. 6-1) of the Convention affecting the accused's decision on the pursuit of his appeal, at least if, as in the present case, appeal proceedings do not last longer than the blocking period (No. 9177/80, Dec. 6.10.1981, D.R. 26 p. 255).           In the present case, the Commission notes in particular that the applicant had the possibility of lodging an appeal against his conviction and sentence and that he has availed himself of that remedy.   The Commission finds nothing in the case-file to indicate that the applicant, who was represented by a defence counsel, could not properly avail himself of his right to appeal or, in particular, could not properly present his arguments as regards the decision on the blocking period.   Furthermore, he does not allege that the appeal proceedings were otherwise unfairly conducted.           The Commission concludes that there is no appearance of a violation of the applicant's rights under Article 6 (Art. 6) of the Convention. It follows that his application is 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)