1
KLASS AND OTHERS v. GERMANY JUGDMENT
In the case of Klass and others,
The European Court of Human Rights, taking its decision in plenary
session in application of Rule 48 of the Rules of Court and composed of the
following judges:
Mr. G. BALLADORE PALLIERI, President,
Mr. G. WIARDA,
Mr. H. MOSLER,
Mr. M. ZEKIA,
Mr. J. CREMONA,
Mr. P. O’DONOGHUE,
Mr. Thór VILHJÁLMSSON,
Mr. W. GANSHOF VAN DER MEERSCH,
Sir Gerald FITZMAURICE,
Mrs D. BINDSCHEDLER-ROBERT,
Mr. P.-H. TEITGEN,
Mr. G. LAGERGREN,
Mr. L. LIESCH,
Mr. F. GÖLCÜKLÜ,
Mr. F. MATSCHER,
Mr. J. PINHEIRO FARINHA,
and also Mr. H. PETZOLD, Deputy Registrar,
Having deliberated in private on 11, 13 and 14 March, and then on 30
June, 1, 3 and 4 July 1978,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1. The case of Klass and others was referred to the Court by the
European Commission of Human Rights (hereinafter called "the
Commission"). The case originated in an application against the Federal
Republic of Germany lodged with the Commission on 11 June 1971 under
Article 25 (art. 25) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter called "the Convention") by five
German citizens, namely Gerhard Klass, Peter Lubberger, Jürgen
Nussbruch, Hans-Jürgen Pohl and Dieter Selb.
2. The Commission’s request, which referred to Articles 44 and 48,
paragraph (a) (art. 44, art. 48-a), and to which was attached the report
provided for in Article 31 (art. 31), was lodged with the registry of the
Court on 15 July 1977, within the period of three months laid down in
Articles 32 para. 1 and 47 (art. 32-1, art. 47). The purpose of the request is