KLASS AND OTHERS v. GERMANY JUGDMENT
2
to obtain a decision from the Court as to whether or not the facts of the case
disclose a breach by the respondent State of its obligations under Articles 6
para. 1, 8 and 13 (art. 6-1, art. 8, art. 13) of the Convention.
3. On 28 July, the President of the Court drew by lot, in the presence of
the Registrar, the names of five of the seven judges called upon to sit as
members of the Chamber; Mr. H. Mosler, the elected judge of German
nationality, and Mr. G. Balladore Pallieri, the President of the Court, were
ex officio members under Article 43 (art. 43) of the Convention and Rule 21
para. 3 (b) of the Rules of Court respectively. The five judges thus
designated were Mr. J. Cremona, Mr. W. Ganshof van der Meersch, Mr. D.
Evrigenis, Mr. G. Lagergren and Mr. F. Gölcüklü (Article 43 in fine of the
Convention and Rule 21 para. 4 of the Rules of Court) (art. 43) .
Mr. Balladore Pallieri assumed the office of president of the Chamber in
accordance with Rule 21 para. 5.
4. The President of the Chamber ascertained, through the Registrar, the
views of the Agent of the Government and the Delegates of the Commission
regarding the procedure to be followed. By an Order of 12 August, the
President decided that the Government should file a memorial within a
time-limit expiring on 28 November and that the Delegates of the
Commission should be entitled to file a memorial in reply within two
months of receipt of the Government’s memorial.
5. At a meeting held in private on 18 November in Strasbourg, the
Chamber decided under Rule 48 to relinquish jurisdiction forthwith in
favour of the plenary Court, on the ground "that the case raise(d) serious
questions affecting the interpretation of the Convention".
6. The Government filed their memorial on 28 November. On 27 January
1978, a memorial by the Principal Delegate of the Commission was
received at the registry; at the same time, the Secretary to the Commission
advised the Registrar that the Delegates would reply to the Government’s
memorial during the oral hearings.
7. After consulting, through the Registrar, the Agent of the Government
and the Delegates of the Commission, the President directed by an Order of
24 February 1978 that the oral hearings should open on 10 March.
8. The Court held a preparatory meeting on 10 March, immediately
before the opening of the hearings. At that meeting the Court, granting a
request presented by the Government, decided that their Agent and counsel
would be authorised to address the Court in German at the hearings, the
Government undertaking, inter alia, responsibility for the interpretation into
French or English of their oral arguments or statements (Rule 27 para. 2). In
addition, the Court took note of the intention of the Commission’s
Delegates to be assisted during the oral proceedings by one of the
applicants, namely Mr. Pohl; the Court also authorised Mr. Pohl to speak in
German (Rules 29 para. 1 in fine and 27 para. 3).