C O U N C I L OF E U R O P E 
; ^ 
EUROPEAN COMMISSION OF HUMAN 
RIGHTS 
DECISION OF THE COMMISSION 
AS TO THE ADMISSIBILITY 
Application No.9378/81 
by Walburga Grotefend 
against Federal Republic of Germany 
The European Commission of Human Rights sitting in private 
on 7 December 1981, the following members being present: 
MM. C. A. NORGAARD, President 
J. A. FROWEXN 
Y, ERMACORA 
E. BUSUTTIL 
G. JORUNDSSON 
B. KIERNAN 
M. MELCHIOR 
J. SAMPAIO 
A. S. GDZUBUYUK 
A. WEITZEL 
J. C. SOYER 
H. C. SCHERMERS 
Mr.H. C. KRUGER, Secretary to the Commission 
Having regard to Art. 25 of the Convention for the Protection of 
Human Rights and Fundamental Freedoms; 
Having regard to the application introduced on 10 May 1979 by 
Walburga Grotefend against the Federal Republic of Germany and registered 
on 20 May 1981 under file No. 9378/81; 
Having regard to the report provided for in Rule 40 of the Rules 
of Procedure of the Commission; 
Having deliberated; 
Decides as follows: 
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9378/81 
THE FACTS 
The applicant is a German citizen born in 1926 and living in 
Bremen. 
It follows from her statements and the host of documents submitted 
by her that as a result of partition proceedings instituted by her 
ex-husband, a house which she and her ex^husband owned jointly was sold 
by public sale in 1975. The applicant, who is severely disabled 
was at the time assisted by two tutors. She was allegedly not able to 
make an offer at the public sale because the social authorities did 
not grant her a loan which had been promised and because her tutors 
did not properly take care of her interests. 
An action for damages against the tutors and the City of Bremen 
was dismissed in 1977. An appeal to the Federal Court was not possible 
because the Court of Appeal considered that the value of the claim 
did not exceed 15.000 DM, A constitutional appeal was rejected by 
a group fo three judges of the Federal Constitutional Court on 
7 November 1978. 
Proceedings instituted by the applicant to avoid eviction from the 
house were likewise to no avail. 
An Administrative Court action against the City of Bremen concerning 
inter alia a request to order the social authorities to buy her home 
back for her was dismissed on 29 July 1978 and her appeal rejected by 
the Administrative Court of Appeal in Bremen on 12 December 1979. 
In August 1979 the applicant requested a reopening of the proceedings 
which led to the public sale of her and her ex-husband's home. This 
request was rejected and the applicant's appeals were to no avail. 
Her constitutional appeal was dismissed on 12 March 1981 by a group 
of three judges of the Federal Constitutional Court. 
COMPLAINTS 
The applicant complains of all the above-mentioned decisions given 
in her case and submits that she was wrongly deprived of her property. 
She alleges violations of various Articles of the Convention, 
. / 
9378/81 
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THE LAW 
The Commission has examined the applicant's separate 
complaints as they have been submitted by her. However, after 
considering the case as a whole, the Conmission finds that it does not 
generally disclose any appearance of a violation of the rights and 
freedoms set out in the Convention, 
It follows that the application is as a whole manifestly ill-
founded within the meaning of Art, 27 (2) of the Convention. 
For this reasons, the Commission 
DECLARES THE APPLICATION INADMISSIBLE 
Secretary to the Commission 
(H. C. KRUdER) 
President of the Commission 
(c. A. N0RGAARD)