X v Federal Republic of Germany (decision), 1 April 1970 [ECtHR]

Case no 4653/70

IV.  The applicant has finally alleged a violation of Article  11 (Art. 11) of the Convention. He stated in this respect that the action Committee of German Barristers could not make use of the most effective weapon, namely the strike, to push through its members' well-founded request for adequate remuneration in legal aid cases, because no barrister would dare to go on strike as he would consequently face a disciplinary sanction.

It is true that Article 11 (Art. 11) of the Convention guarantees to everyone the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

However, the Commission notes that the applicant was not prevented from joining, or even forming, the Action Committee of German Barristers. Furthermore, it has to be noted that, as the applicant has in his letter of 30 November 1971 himself admitted, in various parts of the Federal Republic barristers, who were apparently not members of the Action Committee went on strike, refusing to take on legal aid appointments. The authorities apparently took no action against these lawyers. In these circumstances the applicant can himself not be considered a victim of the alleged violation of Article 11 (Art. 11) of the Convention.

It follows that this part of the application is also manifestly ill-founded within the meaning of Article 27, paragraph (2) (Art. 27-2), of the Convention.

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