Auszug aus EGMR, 20.10.2005 - 64447/01

Even assuming that the national courts were able, or even obliged, to examine the case of their own motion under the Convention, this could not dispense the applicants from relying on the Convention in those courts or from advancing arguments to the same or like effect before them, thus drawing their attention to the problem they intended to submit subsequently, if need be, before the Court (see Van Oosterwijck v. Belgium, judgment of 6 November 1980, Series A no. 40, p. 19 § 39, and Ahmet Sadık v. Greece, judgment of 15 November 1996, Reports of Judgments and Decisions 1996 -V, § 33).