Frank OBERLANDER v Germany - 9643/04 [2010] ECHR 2108 (7 December 2010)
The applicant's failure to submit observations or respond to the Court's correspondence indicates he no longer wishes to pursue his application, and there are no general reasons of human rights requiring continuation of the proceedings.
Source-derived case information.
- Citation
- [2010] ECHR 2108
- Parties
- Applicant: Frank Oberländer; Respondent: Germany
- Jurisdiction
- European Union
- Judgment Date
- 07 December 2010
- Procedural Posture
- Application to the European Court of Human Rights / Decision on Admissibility and Striking Out
- Outcome
- Application struck out
- Legal Topics
- Preventive Detention, Right to Liberty, Retrospective Legislation, Jurisdiction of Länder, Failure to Pursue Application
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frank Oberländer
Applicant
Germany
Respondent
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility and Striking Out
Legal Issues
- 1 Whether the applicant's retrospective preventive detention under an unconstitutional law violated Article 5 § 1 and Article 3 of the Convention
- 2 Whether the application should be struck out due to lack of prosecution
Ratio Decidendi
The applicant's failure to submit observations or respond to the Court's correspondence indicates he no longer wishes to pursue his application, and there are no general reasons of human rights requiring continuation of the proceedings.
Court Disposition
Application struck out
Orders
- The application is struck out of the list of cases under Article 37 § 1 (a) of the Convention.
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