CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 6 décembre 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. 12263/86 by C.H. against the Netherlands     The European Commission of Human Rights sitting in private on 6 December 1991, the following members being present:   MM.C.A. NØRGAARD, President J.A. FROWEIN S. TRECHSEL G. SPERDUTI G. JÖRUNDSSON A.S. GÖZÜBÜYÜK A. WEITZEL J.-C. SOYER H.G. SCHERMERS H. DANELIUS Mrs.G. H. THUNE SirBasil HALL MM.F. MARTINEZ RUIZ C.L. ROZAKIS Mrs.J. LIDDY MM.L. LOUCAIDES J.-C. GEUS A.V. ALMEIDA RIBEIRO 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 25 March 1986 by C.H. against the Netherlands and registered on 10 July 1986 under file No. 12263/86 ;   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 is a fruit grower of Dutch nationality, born in 1916 and residing in H., the Netherlands.         The applicant complained under Articles 2 and 5 of the Convention that the Dutch authorities had granted a licence to a company to construct, bring into operation and exploit an installation for the mixing of asphalt on an industrial estate close to his house.         The applicant furthermore complained under Article 6 of the Convention that the decision not to award him damages for the decreased value of his house and his unsaleable fruit as a result of the licencing and operating of the asphalt-mixing installation, was not taken by an independent and impartial tribunal.         The asphalt-mixing installation has recently been dismantled in order to be reconstructed elsewhere.     PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 25 March 1986 and registered on 10 July 1986.         Following two adjournments on respectively 13 October 1988 and 11 March 1989, the Commission decided on 12 April 1991 to communicate the application to the respondent Government and invite them to submit written observations on the admissibility and the merits of the complaint under Article 6 of the Convention.         The Government's observations were submitted on 4 July 1991.         By letter of 16 July 1991 the applicant was invited to submit his observations in reply before 13 September 1991.         The applicant, by letter of 5 September 1991, informed the Commission that he wished to withdraw the application.   REASONS FOR THE DECISION         The Commission notes that the applicant wishes to withdraw his application, since the asphalt-mixing installation has in the meantime been dismantled.   The Commission concludes that the applicant does not intend to pursue his petition within the meaning of Article 30 para. 1 (a) of the Convention.   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)