THE FACTS

Whereas the facts presented by the Applicant may be summarised as
follows:

The Applicant states that he is a German citizen of Lithuanian origin,
born in 1925 and living at Bielefeld. His complaints are as follows:

I. In a previous Application (No. 1709/62) the Applicant alleged that
he was wrongly refused compensation as a victim of Nazi persecution.
On 8th July, 1964, the Commission rejected that Application on the
grounds that it was, in part, inadmissible ratione temporis and that
the remainder was incompatible with the Convention within the meaning
of Article 27, paragraph (2).

In his present Application, the Applicant renews his allegation that
he is wrongly refused compensation as a victim of Nazi persecution. He
states that the final decision in his case was given by the Federal
Constitutional Court (Bundesverfassungsgericht) on .. December, 1963,
and submits that the Federal Compensation Act
(Bundesentschädigungsgesetz) and its application in his case constitute
continuing violations of Articles 3, 6 and 13 of the Convention and of
Article 2 of the Protocol.

II. In a letter of .. October, 1966, the Applicant also complains that,
in the Federal Republic of Germany, he and other persons of Lithuanian
stock are not given any opportunity to have their children educated in
the Lithuanian language.

THE LAW

Whereas the Commission, on 8th July, 1964, delivered a decision in
which it declared Application No. 1709/62 lodged by the Applicant to
be inadmissible;

Whereas, under Article 27, paragraph (1) (b) (Art. 27-1-b) of the
Convention, the Commission may not deal with any application submitted
under Article 25 (Art. 25) if it is substantially the same as a matter
which has already been examined by the Commission and contains no
relevant new information; whereas, in his complaints mentioned in part
I of the above statement of facts, the Applicant repeats the complaints
made by him in Application No. 1709/62; and whereas he does not submit
any relevant new information in regard to these complaints;

Whereas this part of the present Application must accordingly be
rejected in pursuance of Article 27, paragraph (1) (b) (Art. 27-1-b);

Whereas the Applicant also complains that, in the Federal Republic of
Germany, he and other persons of Lithuanian stock are not given any
opportunity to have their children educated in the Lithuanian language;
whereas in this respect it is to be observed that the Convention, under
the terms of Article 1 (Art. 1), guarantees only the rights and
freedoms set forth in Section I; and whereas, under Article 25,
paragraph (1) (Art. 25-1), only the alleged violation of one of those
rights and freedoms by a Contracting Party can be the subject of an
application presented by a person, non-governmental organisation or
group of individuals;

Whereas otherwise its examination is outside the competence of the
Commission ratione materiae;

Whereas, in the present case, the Commission does not feel called upon
to decide the question whether the right to education claimed by the
Applicant is included among the rights and freedoms guaranteed by the
Convention as, in any event, under Article 26 (Art. 26) of the
Convention it may only deal with a matter after all domestic remedies
have been exhausted according to the generally recognised rules of
international law; whereas in this respect the Commission has
frequently stated that the remedy by means of a constitutional appeal
(Verfassungsbeschwerde) to the Federal Constitutional Court
(Bundesverfassungsgericht), for matters within the competence of that
Court, is a domestic remedy which in principle falls within the scope
of Article 26 (Art. 26) (see Application No. 1086/61, Yearbook of the
European Convention on Human Rights, Volume 5, pages 148 [154]);
whereas, under Article 90 of the Act on the Federal Constitutional
Court (Gesetz über das Bundesverfassungsgericht), everyone has the
right to lodge a constitutional appeal to the Federal Constitutional
Court alleging a violation by a public authority of one of the Basic
Law (Grundgesetz) of the Federal Republic of Germany; Whereas, in
respect of the Applicant's above complaint concerning the situation of
persons of Lithuanian stock in the Federal Republic of Germany, the
Commission has had regard to Article 14 (Art. 14) of the Convention
which provides that the enjoyment of the rights and freedoms set forth
in the Convention shall be secured without discrimination on any ground
such as race, language, national origin or association with a national
minority; whereas this provision corresponds to Article 3, paragraph
(3) of the Basic Law which states that no one may be prejudiced or
favoured because of his race, his language or his homeland and origin;

Whereas, however, the Applicant failed to lodge a constitutional appeal
based on this Article; whereas, therefore, he has not exhausted the
remedies available to him under German law; whereas, moreover, an
examination of the case as it has been submitted, including an
examination made ex officio, does not disclose the existence of any
special circumstances which might have absolved the Applicant,
according to the generally recognised rules of international law, from
exhausting the domestic remedies at his disposal;

Whereas it follows that, insofar as the right to education claimed by
the Applicant may be guaranteed by the Convention, he has not complied
with the condition as to the exhaustion of domestic remedies laid down
in Articles 26 and 27, paragraph (3) (Art. 26, 27-3) of the Convention.

Now therefore the Commission declares this Application INADMISSIBLE.