CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 9 mai 1989

.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. 11768/85                       by ZAPATA S.A. and North Pacific Trading Ltd.                       against Austria             The European Commission of Human Rights sitting in private on 9 May 1989, the following members being present:                 MM. J.A. FROWEIN, Acting President                   S. TRECHSEL                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS                   H. VANDENBERGHE              Mrs.   G.H. THUNE              Sir   Basil HALL                   C.L. ROZAKIS              Mrs.   J. LIDDY              Mr.   L. LOUCAIDES                Mr.   J. RAYMOND, Deputy 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 10 August 1984 by Zapata S.A. and North Pacific Trading Ltd.against Austria and registered on 27 September 1985 under file No. 11768/85;           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 facts of the case, as they have been submitted by the parties, may be summarised as follows:           The first applicant is a limited company with legal personality under Swiss law and has its seat in Geuensee (Lucerne). It is involved in the production of technical installations, inter alia winding engines.   The second applicant is a limited company with legal personality under British law and has its seat in Hong Kong.   It is an import and export trading company.   Before the Commission, the first applicant is represented by Mr.   Weiss-Tessbach, a lawyer practising in Vienna.   The second applicant is represented by Mr.   Zerner, a lawyer also practising in Vienna.           In June 1976 the first applicant effected with an Austrian insurance company an insurance for about 31 million Austrian Schilling concerning a particular shipment of goods sold to the second applicant.   In January 1977 the ship carrying the goods at issue sank near the Maldives.           In August 1977 the first applicant lodged an action against the insurance company with the Vienna Commercial Court (Handelsgericht) claiming the amount insured.   The second applicant joined the proceedings as a co-plaintiff.           On 16 April 1985, following several sets of appeal proceedings, the Vienna Commercial Court (Handelsgericht) provisionally discontinued the proceedings in particular pending the termination of criminal proceedings in connection with the occurrence of loss in the instant case.   On 20 December 1985 the Vienna Court of Appeal (Oberlandesgericht) also adjourned further appeal proceedings pending the termination of the above criminal proceedings.           The civil proceedings have apparently not yet been resumed.   In August 1988, in the criminal proceedings, the Vienna Regional Court of Appeal (Oberlandesgericht) decided to open the trial against the responsible managers of the applicants on charges of fraud and endangering through explosives.   It appears that one of the accused is in hiding.     COMPLAINTS           The applicants complained under Article 6 para. 1 of the Convention about the length of their compensation proceedings before the Austrian courts.   They also alleged that one of the judges at the Austrian Supreme Court, who dealt with their case in one of the appeal proceedings, was biased against them.       PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 10 September 1984 and registered on 27 September 1985.         On 7 December 1987 the Commission decided that, in accordance with Rule 42 para. 2 (b) of its Rules of Procedure, the application be brought to the notice of the respondent Government and that they be invited to submit written observations on its admissibility and merits as regards the length of the civil proceedings.           On 23 February 1988 the respondent Government submitted their observations.           On 29 March 1988 the applicants requested that the time-limit to submit their observations in reply before 15 April 1988 be extended until 30 September 1988.           On 9 September 1988, following further submissions by the respondent Government dated 6 April and 10 August 1988, the applicants requested to extend their time-limit until 20 October 1988.           On 8 October 1988 the Commission decided to adjourn its further examination of the present case.           On 13 December 1988 the respondent Government submitted further information on the present case.           By letter of 23 March 1989 the Secretariat noted that the applicants' observations had not yet been received, and warned the applicants about the consequences under Rule 44 para. 1 of the Commission's Rules of Procedure.   The applicants did not react to this letter.     REASONS FOR THE DECISION           The Commission finds that the circumstances of the present case, namely the applicants' failure to comply with the Commission's request to submit observations in reply before 15 April 1988 or within the time-limits indicated by them, and to react to the further letter of the Secretariat of 23 March 1989, leads to the conclusion that they do not intend to pursue their application.           The Commission considers that there are no reasons of a general character affecting the observance of the Convention which necessitate the further examination of this case.           For these reasons, the Commission             DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES     Deputy Secretary to the Commission     Acting President of the Commission                (J. RAYMOND)                         (J. A. FROWEIN)