CEDH · CASELAW;REPORTS;ENG — 7 octobre 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. 12421/86           Paul and Gerda MEIER-SAX         against         Switzerland                 Report of the Commission       (Adopted on 7 October 1988)             TABLE OF CONTENTS                                                                        Page       I.       THE PARTIES         (paras. 1 - 3)                                          1         II.      SUMMARY OF THE FACTS         (paras. 4 - 5)                                          1         III.     THE PROCEEDINGS BEFORE THE COMMISSION         (paras. 6 - 12)                                         1         IV.      THE DECISION OF THE COMMISSION         (paras. 13 - 15)                                        3         APPENDIX:   Decision on Admissibility                            4 - 20     I.    THE PARTIES&S     1.       This Report, which is drawn up by the Commission in accordance with Rule 54 of its Rules of Procedure, concerns the application brought by Paul and Gerda Meier-Sax against Switzerland.   2.       The applicants were represented before the Commission by Mr.   L.A. Minelli, a lawyer practising at Forch / Switzerland.   3.       The Swiss Government was represented before the Commission by their Agent, Mr.   O. Jacot-Guillarmod, Head of the Service of International Affairs of the Federal Office of Justice.     II.     SUMMARY OF THE FACTS&S     4.       The facts of the case are set out in the Commission's Decision as to the admissibility of the application of 11 May 1988, attached hereto as an Appendix (pp. 4 - 20).   5.       The pertinent facts and complaints may be summarised as follows:           The applicants who were renting an apartment near a military shooting site were disturbed by the noise.   They asked on 30 March 1984 the Federal Military Department to request the competent Federal Assessment Commission to institute expropriation proceedings.   The Federal Military Department refused to do so, stating inter alia, that the noise levels were not excessive.   The applicants thereupon filed on 29 June 1984 an administrative law appeal with the Federal Court which on 18 June 1986 upheld the appeal and ordered the Federal Military Department to institute the expropriation proceedings in question.   The reasons of the decision were served on 19 September 1986.   Expropriation proceedings then commenced before the Federal Assessment Commission.           Before the Commission the applicants complained under Article 6 para. 1 of the Convention of the length of the proceedings before the Federal Court, lasting approximately 27 months after the appeal was filed.     III.     THE PROCEEDINGS BEFORE THE COMMISSION&S     6.       The present application was introduced on 26 May 1986 and registered on 30 September 1986.   On 8 May 1987 the Commission decided to give notice of the application to the respondent Government in accordance with Rule 42 para. 2 (b) of the Rules of Procedure, and to request the parties' written observations.   7.       On 14 July 1987 the respondent Government submitted their observations.   The applicants' reply was submitted on 30 September 1987.   8.       On 11 May 1988 the Commission declared the application admissible.   On 13 May and 9 June 1988 the parties were invited, pursuant to Rule 45 para. 2 of the Rules of Procedure, to submit supplementary observations on certain questions put by the Commission.   9.       The applicants submitted their supplementary observations on 9 June 1988.   10.      On 19 July 1988 the respondent Government informed the Commission of a decision of the Federal Assessment Commission of 5 July 1988 according to which the applicants and the Swiss Confederation, acting through the Federal Military Department, had reached a settlement, and that as one condition of this settlement the applicants would withdraw their Application No. 12421/86 pending before the Commission.   On 17 August 1988 the applicants informed the Commission that in view of the settlement achieved they had lost interest in pursuing the said Application.   11.      By letter of 2 September 1988 the respondent Government were consulted, in accordance with Rule 49 para. 2 of the Commission's Rules of Procedure, as to striking the present application off the Commission's list of cases.   12.      On 7 October 1988, the Commission decided to strike the present application off its list, in accordance with Rules 44 para. 1 (a) of its Rules of Procedure.   It adopted the present Report and decided to transmit it to the Committee of Ministers and the parties for information and to publish it.   The following members were present:                MM.   C. A. NØRGAARD, President                   J. A. FROWEIN                   S. TRECHSEL                   F. ERMACORA                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A. S. GÖZÜBÜYÜK                   A. WEITZEL                   J. C. SOYER                   H. G. SCHERMERS                   H. DANELIUS                   G. BATLINER                   J. CAMPINOS                   H. VANDENBERGHE              Mrs.   G. H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY     IV.    THE DECISION OF THE COMMISSION&S     13.      The Commission notes that the applicants have expressly stated that they have lost interest in pursuing their Application No. 12421/86.   14.      The Commission finds, therefore, that the applicants no longer wish their case to be examined, and further considers that there are no reasons of a general character affecting the observance of the Convention which warrant further examination of the application.   15.      For these reasons, the Commission, having regard to Rules 44 para. 1 (a), 49 and 54 of its Rules of Procedure,           - decides to strike Application No. 12421/86 off its list;           - adopts the present Report;           - decides to send the present Report to the Committee of           Ministers for information, to send it also to the parties,           and to publish it.       Secretary to the Commission            President of the Commission                 (H.C. KRÜGER)                         (C.A. NØRGAARD)