CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 12 mai 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. 12711/87                       by Paul WILFLINGSEDER                       against Austria             The European Commission of Human Rights sitting in private on 12 May 1988, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   F. ERMACORA                   G. SPERDUTI                   E. BUSUTTIL                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS                   G. BATLINER                   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 21 January 1987         by Paul Wilflingseder against Austria and registered on         13 February 1987 under file No. 12711/87;   -        the information provided by the respondent Government on         28 April 1987 and the reply submitted thereto by the         applicant on 1 June 1987;   -        the first report of August 1987 provided for in Rule 40 of         the Rules of Procedure;   -        the Commission's decision of 7 October 1987 to bring the         application to the notice of the respondent Government and         invite them to submit written observations on the         admissibility and merits of the application;   -        the Government's submissions of 7 March 1988 and the         applicant's reply of 14 April 1988:           Having deliberated;           Decides as follows:       THE FACTS           The facts of the case, which do not appear to be in dispute between the parties, may be summarised as follows:           The applicant, an Austrian national born in 1916, is a university professor of surgery and resides in Innsbruck.   He is represented before the Commission by Dr.   Ludwig Hoffmann, a lawyer practising in Innsbruck.           On 25 January 1984 the applicant brought a civil action before the Salzburg Regional Court (Landesgericht) against Ms.   D. for payment of 104.089,73 AS plus interests and costs.   The applicant claimed to be entitled to compensation for expenses incurred for the administration of a jointly-owned piece of land.           A hearing took place before the Salzburg Regional Court on 7 June 1984.   During this hearing a settlement was reached in respect of the amount of the claim in dispute, and the subsequent proceedings were then confined to the merits of the claim.   To this end the taking of certain evidence was ordered.           After a further hearing on 11 December 1984 the proceedings were then closed and the Court announced that judgment would be delivered in writing.   The judgment dated 21 January 1987 was served upon the applicant's representative on 17 March 1987.     COMPLAINTS           The applicant complained under Article 6 para. 1 of the Convention that his case was not decided within a reasonable time in that, after the proceedings had been closed on 11 December 1984, the judgment was only delivered on 21 January 1987 and served on the parties on 17 March 1987.   The applicant submitted that the damages he suffered in view of a loss of interest on account of the length of the proceedings amounted to 26,000.-AS.     PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 21 January 1987 and registered on 13 February 1987.           On 10 March 1987 the Secretary to the Commission, upon instruction by the Rapporteur pursuant to Rule 40 para. 2 (a) of the Commission's Rules of Procedure, requested the respondent Government to submit further information on the application.           The information was submitted by the Government on 28 April 1987.   The applicant's comments in reply were dated 1 June 1987.           On 7 October 1987 the Commission decided to bring the application to the notice of the respondent Government and to invite them to submit observations on its admissibility and merits, pursuant to Rule 42 para. 2 (b) of the Rules of Procedure.             On 7 March 1988 the Government informed the Commission that they are prepared to reach a solution with the applicant which would satisfy his claims, in particular by granting him 26,000.-AS for the damages suffered.   On 14 April 1988 the applicant informed the Commission that in these circumstances he withdraws his application.     REASONS FOR THE DECISION           The Commission notes that the applicant has withdrawn his application after a solution has been found with the respondent Government which satisfies the applicant's claims.           The Commission considers that there are no reasons of a general interest affecting the observance of the Convention which would require a further examination of the present 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)