CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 8 mars 1988

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          Application No. 11670/85                       by Kärntner ECHO, Verlagsgesellschaft m.b.H.                       against Austria             The European Commission of Human Rights sitting in private on 8 March 1988, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   G. JÖRUNDSSON                   A. WEITZEL                   H. DANELIUS                   G. BATLINER                   J. CAMPINOS                   H. VANDENBERGHE              Mrs.   G.H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY                Mr.   H.C. KRÜGER Secretary to the Commission           Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;           Having regard to the application introduced on 17 July 1985 by Kärntner Echo, Verlagsgesellschaft m.b.H against Austria and registered on 5 August 1985 under file No. 11670/85;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   THE FACTS           The applicant was a newspaper company with legal personality under Austrian law and had its seat in Klagenfurt.   In the proceedings before the Commission the applicant was represented by Mr.   G. Seeber, a lawyer practising in Klagenfurt.           On 3 January 1984 the Klagenfurt Regional Court (Landesgericht) convicted the applicant for defamation in respect of another newspaper. The Court found that in an unsigned letter to the editor published by the applicant the other newspaper's political independence had been denied.   The applicant's appeal (Berufung) was dismissed by the Court of Appeal (Oberlandesgericht) of Graz on 21 September 1984.   COMPLAINTS           The applicant company complained under Article 10 of the Convention of its conviction by the Austrian Courts.   It claimed that the allegedly defamatory passage in the letter to the editor had to be considered as a political opinion and had, therefore, to be tolerated as part of political discussions in mass media.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 17 July 1985 and registered on 5 August 1985.   On 13 October 1986 the Commission decided to bring the application to the notice of the respondent Government and to invite them to submit written observations on its admissibility and merits.   The observations of the respondent Government were after two extensions of the time-limit submitted on 11 May 1987 and communicated to the applicant's representative for observations in reply.           In reply to a reminder the applicant's representative informed the Commission's Secretariat on 28 July 1987 that bankruptcy proceedings had been instituted against the applicant company and that he had resigned as its representative.   The official liquidator would presumably not intend to pursue the application.   The official liquidator did not reply to the Secretariat's letter of 5 August 1987 inviting him to state whether he wished to pursue the case.   REASONS FOR THE DECISION           The Commission notes that the applicant company is at present liquidated in bankruptcy proceedings.   Its former representative and the official liquidator apparently do not intend to pursue the case.           The Commission considers that, in these circumstances, the applicant company must be considered as having lost interest in maintaining its application.   The Commission sees no reason relating to the general interest to continue an examination of its application.           For these reasons, the Commission           DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES   Secretary to the Commission             President of the Commission         (H.C. KRÜGER)                            (C.A. NØRGAARD)