CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 17 mars 1989

.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 }                          AS TO THE ADMISSIBILITY OF                         Application No. 14567/89                       by Hermann N. HAHNE                       against the Federal Republic of Germany             The European Commission of Human Rights sitting in private on 17 March 1989, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS                   J. CAMPINOS                   H. VANDENBERGHE              Mrs.   G.H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY              Mr.   L. LOUCAIDES                Mr.   H.C. KRÜGER, Secretary to the Commission           Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;           Having regard to the application introduced on 6 May 1983 by Hermann N. HAHNE against the Federal Republic of Germany and registered on 23 January 1989 under file No. 14567/89;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:           The applicant, a German national born in 1948, complains under Article 6 (Art. 6) of the Convention and Article 1 of Protocol No. 1 (P1-1) about the forced sale by auction of his real estate and the unfairness of the enforcement proceedings concerned.           On 29 April 1982 the Celle District Court (Amtsgericht), upon request of a bank institute in enforcement proceedings, ordered the forced sale by auction of the applicant's real estate.   On 3 December 1982, at the auction, the District Court accepted the highest offer and decided that the property be sold by forced sale (Zuschlags- beschluss).   The applicant's request to postpone the forced sale, his appeals against the forced sale and against the ensuing eviction remained unsuccessful.   On 26 April 1983 the Federal Constitutional Court (Bundesverfassungsgericht) refused to admit the applicant's constitutional complaint on the ground that it offered no prospect of success.           The Commission has examined the applicant's separate complaints as they have been submitted by him.   However, after considering the case as a whole, the Commission finds that it does not disclose any appearance of a violation of the rights and freedoms set out in the Convention.           It follows that the application is as a whole manifestly ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.           For these reasons, the Commission           DECLARES THE APPLICATION INADMISSIBLE     Secretary to the Commission         President of the Commission          (H. C. KRÜGER)                      (C. A. NØRGAARD)