CEDH · CASELAW;DECISIONS;SCREENINGPANEL;ENG — 11 avril 1997

.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 }       In the case of Ellies v. Germany (1),        The Screening Panel of the European Court of Human Rights, constituted in accordance with Article 48 para. 2 (art. 48-2) of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") and Rule 26 of Rules of Court B (2), _______________ Notes by the Registrar   1.   The case is numbered 162/1996/781/982.   The first number is the case's position on the list of cases referred to the Court in the relevant year (second number).   The last two numbers indicate the case's position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.   2.   Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning the States bound by Protocol No. 9 (P9). ________________        Sitting in private at Strasbourg on 20 March 1997, and composed of the following judges:        Mr C. Russo, Chairman,      Mr R. Bernhardt,      Mr A. Spielmann,   and also of Mr H. Petzold, Registrar,        Having regard to the application against the Federal Republic of Germany lodged with the Court on 6 December 1996 by three German nationals, Mrs Ute Ellies, Miss Anke Ellies and Mr Carsten Ellies, within the three-month period laid down by Article 32 para. 1 and Article 47 of the Convention (art. 32-1, art. 47);        Whereas Germany has recognised the compulsory jurisdiction of the Court (Article 46 of the Convention (art. 46)) and ratified Protocol No. 9 to the Convention (P9), Article 5 (P9-5) of which amends Article 48 of the Convention (art. 48) so as to enable a person, non-governmental organisation or group of individuals having lodged a complaint with the European Commission of Human Rights ("the Commission") to refer the case to the Court;        Noting that the present case has not been referred to the Court by either the Government of the respondent State or the Commission under Article 48 para. 1 (a) or (d) of the Convention (art. 48-1-a, art. 48-1-d);        Having regard to the Commission's report of 16 October 1996 on the application (no. 20335/92) lodged with the Commission by the applicants on 6 August 1991;        Whereas the applicants complained of the length of proceedings in the German civil courts, to which they are parties, and alleged a breach of Article 6 para. 1 of the Convention (art. 6-1), under which "In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal ...";        Whereas the applicants, in specifying the object of their application, as required by Rule 34 para. 1 (a) of Rules of Court B, stated that they sought a decision by the Court holding that there had been a breach of Article 6 para. 1 of the Convention (art. 6-1) and awarding them just satisfaction under Article 50 (art. 50) consisting in their retrospective entitlement to application of the new legislative provisions on industrial diseases;        Having regard to Article 48 of the Convention (art. 48) and Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,   1.    Finds that     (a) the case raises no serious question affecting the interpretation      or application of the Convention, as the Court has already      established case-law on the "reasonable time" requirement in      Article 6 para. 1 of the Convention (art. 6-1); and     (b) the case does not, for any other reason, warrant consideration      by the Court as, in the event of a finding that there has been      a breach of the Convention, the Committee of Ministers of the      Council of Europe can award the applicants just satisfaction,      having regard to any proposals made by the Commission;   2.    Decides, therefore, unanimously, that the case will not be      considered by the Court.        Done in English and in French, and notified in writing on 11 April 1997 pursuant to Rule 34 para. 4 of Rules of Court B.   Signed: Carlo RUSSO         Chairman   Signed: Herbert PETZOLD         Registrar