CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 11 juin 1993

.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 }       The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the judgment of the European Court of Human Rights in the Niemietz case delivered on 16 December 1992 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against Germany lodged with the European Commission of Human Rights on 15 February 1988 under Article 25 (art. 25) of the Convention by Mr. Gottfried Niemietz, a German national, who complained that his right to respect for his home and correspondence had been violated during a search of his office;        Recalling that the case was brought before the Court by the Commission on 12 July 1991;        Whereas in its judgment of 16 December 1992 the Court unanimously:        - held that there had been a violation of Article 8 (art. 8) of the Convention;        - held that no separate issue arose under Article 1 of Protocol No. 1 (P1-1);        - dismissed the applicant's claim for just satisfaction;        Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;        Having invited the Government of Germany to inform it of the measures which had been taken in consequence of the judgment of 16 December 1992, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;        Whereas, during the examination of the case by the Committee of Ministers, the Government of Germany gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution,        Declares, after having taken note of the information supplied by the Government of Germany, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (93) 24          Information provided by the Government of Germany           during the examination of the Niemietz case                  by the Committee of Ministers        The applicable domestic law has not been respected in the present case.   The judgment of the European Court of Human Rights has been translated into German and published in the Neue Juristische Wochenschrift.