70
31.1.2001

Press release issued by the Registrar

HEARING IN THE CASE OF
PRINCE HANS-ADAM II OF LIECHTENSTEIN v. GERMANY

Wednesday 31 January 2001 at 9.00 a.m.

The applicant

The case concerns an application brought by Prince Hans-Adam II of Liechtenstein, monarch of Liechtenstein, who was born in 1945 and lives in Vaduz (Liechtenstein).

Summary of the facts

Prince Hans-Adam II of Liechtenstein complains about decisions by the German courts to declare inadmissible his action for restitution of a painting, which was confiscated by former Czechoslovakia, while on Czechoslovak territory, under Presidential Decree No. 12. The inadmissibility decision was made under the Convention on the Settlement of Matters arising out of the War and the Occupation, signed in 1952, as amended in 1954. The applicant’s father had owned the painting, "Szene an einem römischen Kalkofen", by Pieter van Laer.

When, in 1991, the Municipality of Cologne received the painting on loan from the Czech Republic, the applicant instituted court proceedings against the Municipality in order to gain possession of the painting. The German Courts declared his application inadmissible on the ground that it did not have jurisdiction. The applicant appealed unsuccessfully.

Complaints

The applicant complains that his rights of access to court and to a fair hearing guaranteed under Article 6 § 1 of the European Convention on Human Rights have been violated. He also complains of a breach of his right to property guaranteed under Article 1 of Protocol No. 1. Furthermore, he alleges that he has been victim of discrimination, in violation of Article 14 of the Convention.

Procedure

The application was lodged with the European Commission of Human Rights on 28 July 1998. The case was transmitted to the European Court of Human Rights on 1 November 1998 and, on 6 June 2000 a Chamber of the Fourth Section of the Court declared the application admissible. On 14 September 2000 the Chamber decided unanimously to relinquish jurisdiction in favour of the Grand Chamber.

Composition of the Court

The case will be heard by the Grand Chamber composed as follows:

Elisabeth Palm (Swedish), President,
Christos Rozakis (Greek),
Georg Ress (German),
Jean-Paul Costa (French),
Antonio Pastor Ridruejo (Spanish),
Ireneu Cabral Barreto (Portuguese),
Marc Fischbach (Luxemburger),
Volodymyr Butkevych (Ukrainian),
Josep Casadevall (Andorran),
Boštjan Zupančič (Slovenian),
Nina Vajić (Croatian),
John Hedigan (Irish),
Matti Pellonpää (Finnish),
Margarita Tsatsa-Nikolovska (FYROMacedonia),
Kristaq Traja (Albanian),
Snejana Botoucharova (Bulgarian),
Anatoly Kovler (Russian), judges,
Willi Fuhrmann (Austrian),

Nicolas Bratza (British), substitute judges,

and also Michele de Salvia, Registrar.

Representatives of the parties

Government: Karlheinz Stöhr, Agent, Susanne Wasum, Counsel;

Applicant: Alexander Goepfert, Counsel, Peter Rädler, Counsel, Dieter Blumenwitz, Gabriele Klein, Advisers.

***

After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.

Registry of the European Court of Human Rights
F – 67075 Strasbourg Cedex
Contacts: Roderick Liddell (telephone: (0)3 88 41 24 92)
Emma Hellyer (telephone: (0)3 90 21 42 15)
Fax: (0)3 88 41 27 91

The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.