WEMHOFF v. GERMANY - 2122/64

The European Court of Human Rights, constituted in accordance with Article 43 (art. 43) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention") and with Rules 21 and 22 of the Rules of Court in a Chamber composed of the following Judges:

By a request dated 7 October 1966 the European Commission of Human Rights (hereinafter called "The Commission") referred to the Court the "Wemhoff" case (Rule 31 (2) of the Rules of Court). The origin of the case lies in an Application lodged with the Commission by Karl-Heinz Wemhoff, a German national, against the Federal Republic of Germany (Article 25 of the Convention) (art. 25).

The Commission�s request, to which was attached the Report provided for in Article 31 (art. 31) of the Convention, was lodged with the Registry of the Court within the period of three months laid down in Articles 32 (1) and 47 (art. 32-1, art. 47). The Commission referred firstly to Articles 44 and 48 (a) (art. 44, art. 48-a) and secondly to the declaration by the Government of the Federal Republic of Germany (hereinafter called "the Government") recognising the compulsory jurisdiction of the Court by virtue of Article 46 (art. 46) of the Convention.

On 7 November 1966 Mr. Ren� Cassin, President of the Court, drew by lot, in the presence of the Deputy Registrar, the names of six of the seven Judges called upon to sit as members of the Chamber mentioned above, Mr. Hermann Mosler, the elected Judge of German nationality, being an ex officio member under Article 43 (art. 43) of the Convention; the President also drew by lot the names of three Substitute Judges. One of the Judges who was designated as a member of the Chamber was later prevented from taking part in the sittings; he was replaced by the First Substitute Judge.

On 22 November 1966 the President of the Chamber ascertained the views of the Agent of the Government and the Delegates of the Commission on the procedure to be followed. By an Order of the same day he decided that the Commission could present its first memorial not later than 20 December 1966 and that the Government should have until 15 April 1967 for its memorial in reply. At the Government�s request the latter term was extended until 15 May 1967 (Order of 6 April 1967).