CEDH · PRESS;HEARINGS;ENG — 25 novembre 1998

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s85016119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:11pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sACBC61AB { margin-top:0pt; margin-bottom:0pt; text-indent:36pt; text-align:justify } EUROPEAN COURT OF HUMAN RIGHTS     768   25.11.1998   Press release issued by the Registrar   HEARING IN THE CASES OF WAITE AND KENNEDY v. GERMANY AND BEER AND REGAN v. GERMANY   Wednesday 25 November at 9.30 a.m.     The applicants     The cases concern two applications. The first of these was brought by two British nationals, Mr Richard Waite and Mr Terry Kennedy, who were born in 1946 and 1950 and live in Griesheim and Darmstadt respectively; the second was brought by a German national, Mr Karlheinz Beer, who was born in 1952 and lives in Darmstadt, and a British national, Mr   Philip Regan, who was born in 1960 and lives in London.   Summary of the facts     In both cases the applicants, three systems programmers and an engineer, employed by private companies, were placed at the disposal of the European Space Agency (“the ESA”) to carry out work at the European Space Operations Centre in Darmstadt.     When their contracts were not renewed by the companies concerned, the applicants brought proceedings against the ESA in the Darmstadt Labour Court ( Arbeitsgericht ), arguing that pursuant to the German Temporary Staff (Provision) Act ( Arbeitnehmerüberlassungsgesetz ) they had acquired the status of employees of the defendant organisation. The ESA relied on its immunity from jurisdiction under Article XV §   2 of the ESA Convention and its Annex I.     In the Waite and Kennedy case the Labour Court declared the applicants’ actions inadmissible on 10 April 1991, holding that the defendant organisation had validly relied on its immunity from jurisdiction.     On 20 May 1992 the Frankfurt/Main Labour Court of Appeal ( Landesarbeitsgericht ) dismissed an appeal by the applicants and gave them leave to submit an appeal on points of law ( Revision ) to the Federal Labour Court ( Bundesarbeitsgericht ).     On 10 November 1993 the Federal Labour Court dismissed the applicants’ appeal on the ground that immunity from jurisdiction barred all judicial proceedings.     On 11 May 1994 the Federal Constitutional Court ( Bundesverfassungsgericht ) refused to admit the applicants’ constitutional complaint ( Verfassungsbeschwerde ), holding in particular that it did not raise any issue of general importance.     In the Beer and Regan case the Darmstadt Labour Court likewise declared the applicants’ actions inadmissible on 21 March 1995, referring in particular to the Federal Labour Court’s judgment in the Waite and Kennedy case.   Complaints     Relying on Article 6 § 1 of the European Convention on Human Rights, the applicants complain that they did not have access to a court which could rule on their dispute with the ESA concerning their claims under the German Temporary Staff (Provision) Act.   Procedure     The first application was lodged with the European Commission of Human Rights on 24 November 1994 and the second on 13 September 1995. Having found the applications admissible, the Commission adopted two reports on 2 December 1997 in which it expressed the opinion that there had been no violation of Article   6 § 1 (17 votes to 15). It referred the cases to the former Court on 16 March 1998.   Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention, the cases were transmitted to the Grand Chamber of the new European Court of Human Rights on the entry into force of the Protocol, on 1 November 1998. They will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber , President   (Swiss), Elisabeth Palm , Vice-President   (Swedish), Luigi Ferrari Bravo   (Italian), Lucius Caflisch   (Swiss), Jean-Paul Costa   (French), Willi Fuhrmann   (Austrian), Karel Jungwiert   (Czech), Marc Fischbach   (Luxemburger), Boštjan Zupančič   (Slovenian), Nina Vajić   (Croatian), John Hedigan   (Irish), Wilhelmina Thomassen   (Dutch), Margarita Tsatsa-Nikolovska   (TFYROMacedonia), Tudor Pantiru   (Moldovan), Egils Levits   (Latvian), Kristaq Traja   (Albanian), Judges, Eckart Klein   (German), ad hoc Judge, Volodymyr Butkevych   (Ukrainian), Antonio Pastor Ridruejo   (Spanish), Snejana Botoucharova   (Bulgarian), Substitute Judges,   and also Michele de Salvia , Registrar , and Paul Mahoney , Deputy Registrar .   Representatives of the parties   Government:     Mrs H. Voelskow-Thies , Agent , Mr K.-H. Oehler , Mr D. Marschall , and Mr   W.M. Thiebaut , advisers .   Applicants in the case of Waite and Kennedy:     Mr G. Laule , Mr A. Meyer-Landrut and Mr   C. Just, counsel .   Applicants in the case of Beer and Regan:     Mr W.J. Habschied and Mr E. Habschied , counsel .   The applicants will also attend the hearing.     The Commission will be represented by Mr K. Herndl .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact: Roderick LIDDELL Telephone: (0)3 88 41 24 92; fax: (0)3 88 41 27 91