CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 29 juin 1994

.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. 21684/93                       by Boreslav BOZOVIC                       against Austria         The European Commission of Human Rights (Second Chamber) sitting in private on 29 June 1994, the following members being present:              MM.    S. TRECHSEL, President                  H. DANELIUS                  G. JÖRUNDSSON                  J.-C. SOYER                  H.G. SCHERMERS            Mrs.   G.H. THUNE            MM.    F. MARTINEZ                  L. LOUCAIDES                  J.-C. GEUS                  M.A. NOWICKI                  I. CABRAL BARRETO                  J. MUCHA                  D. SVÁBY              Mr.    K. ROGGE, Secretary to the Chamber         Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;         Having regard to the application introduced on 11 February 1993 by Boreslav Bozovic against Austria and registered on 19 April 1993 under file No. 21684/93;         Having regard to the reports provided for in Rule 47 of the Rules of Procedure of the Commission;         Having regard to the observations submitted by the respondent Government on 23 December 1993 and the observations in reply submitted by the applicant on 3 March 1994; the Government's further informations of 5 April 1994 and the applicant's further informations of 22 March 1994;         Having deliberated;         Decides as follows:   THE FACTS         The applicant, born in 1949, is of Yugoslav origin and resident in Vienna. Before the Commission he is represented by Mr. G. Winterstein, a lawyer practising in Vienna.         On 17 December 1991 the Vienna Federal Police Department (Bundespolizeidirektion) opened investigations against the applicant on the suspicion of forgery of a document, namely his Yugoslav driving licence. His Yugoslav driving licence as well as his Austrian driving licence were seized.         On 11 October 1993 the Vienna Regional Criminal Court (Landesgericht für Strafsachen) decided to discontinue the proceedings against the applicant. The driving licences were returned to him.   COMPLAINTS         The applicant complained under Article 6 of the Convention about the length of preliminary investigations against him.   PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 11 February 1993 and registered on 19 April 1993.         On 1 September 1993 the Commission decided to communicate the application to the respondent Government for observations on the admissibility and merits.         On 23 December 1993 the Government submitted their observations. The observations in reply by the applicant were submitted on 3 March 1994. In their further submissions of 5 April 1994 the Government informed the Commission that an agreement, including a payment of compensation, had been reached with the applicant. In his submission of 22 March 1994, the applicant stated that he did not wish to pursue his application.   REASONS FOR THE DECISION         The Commission notes that following an agreement between the parties, including a payment of compensation, the applicant does not intend to pursue his application.         In these circumstances, the Commission finds pursuant to Article 30 para. 1 (a) of the Convention that it is not justified to continue the examination of the present application.   Moreover, there are no reasons of a general character affecting respect for Human Rights as defined in this Convention which require the further examination of this application.         For these reasons, the Commission, unanimously,         DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.   Secretary to the Second Chamber       President of the Second Chamber           (K. ROGGE)                            (S. TRECHSEL)