CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 11 juillet 1991

.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. 17253/90                       by E.                       against the Netherlands             The European Commission of Human Rights sitting in private on 11 July 1991, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   F. ERMACORA                   G. SPERDUTI                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS              Mrs.   G. H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ RUIZ                   C.L. ROZAKIS              Mrs.   J. LIDDY              MM.   L. LOUCAIDES                   J.-C. GEUS                   M.P. PELLONPÄÄ                   B. MARXER                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 29 August 1990 by E. against the Netherlands and registered on 3 October 1990 under file No. 17253/90;           Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   THE FACTS           The applicant, born in 1952, is a Turkish citizen and resides in Heerlen, the Netherlands.   Before the Commission he is represented by Ch.   Geraedts, a lawyer practising in Brunssum, the Netherlands.           The applicant resides since 1980 in the Netherland and holds a Dutch residence permit since 1985.   His children from his marriage dissolved in 1980 remained with the applicant's father in Turkey where the applicant visited them twice a year and provided financial assistance.   Due to the age of the applicant's father the raising of the children became increasingly difficult.   Following the applicant's remarriage to a Dutch woman, he took the children with him to the Netherlands and applied for residence permits for them.   These requests were rejected on 27 November 1989 and the applicant's requests for reconsideration of the decision were rejected on 9 April 1990 by the Deputy Minister of Justice.   The applicant subsequently requested the President of the Regional Court (Arrondissementsrechtbank) of the Hague, in summary proceedings, to prohibit the Dutch Government from expelling his children to Turkey. In his judgment of 18 October 1990 the President of the Regional Court prohibited the expulsion pending the proceedings before the Commission.     COMPLAINT           The applicant complained that the expulsion of his two children from the Netherlands would constitute a violation of Article 8 of the Convention.     PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 29 August 1990 and registered on 3 October 1990.           On 7 January 1991 the Commission decided to communicate the application to the respondent Government and to invite them to submit written observations on the admissibility and the merits of the complaint.           By letter of 7 May 1991 the applicant's representative informed the Commission that his client wishes to withdraw the application as the applicant's children have been allowed to reside in the Netherlands.     REASONS FOR THE DECISION           Having regard to Article 30 para. 1 (a) of the Convention, the Commission notes that the applicant does not intend to pursue this petition since his children have been granted a residence permit in the Netherlands.   It finds no special circumstances regarding respect for human rights as defined in the Convention which require examination of the application to be continued, in accordance with Article 30 para. 1 in fine of the Convention.           For these reasons, the Commission unanimously             DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.       Secretary to the Commission             President of the Commission             (H.C. KRÜGER)                            (C.A. NØRGAARD)