Frank OBERLANDER v Germany - 9643/04 [2010] ECHR 2108 (7 December 2010)

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
Human Rights Law Criminal Law Preventive Detention Right to Liberty Retrospective Legislation Jurisdiction of Länder Failure to Pursue Application

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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

  1. 1 Whether the applicant's retrospective preventive detention under an unconstitutional law violated Article 5 § 1 and Article 3 of the Convention
  2. 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.