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The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
The case originated in an application (no. 39547/98) against the Federal Republic of Germany lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a German national, Mr Heinrich Niederböster (“the applicant”), on 16 January 1998.
The applicant was represented before the Court by Mr G. Rixe, of the Bielefeld Bar. The German Government (“the Government”) were represented by their Agent, Mr K. Stoltenberg, Head of Division ( Ministerialdirigent ) at the Federal Ministry of Justice.
In his application, Mr Niederböster alleged that the German authorities had failed to comply, notably at the Federal Constitutional Court stage, with the “reasonable time” requirement of Article 6 § 1 of the Convention in proceedings to which he had been a party.
The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).
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