CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 28 février 1995

.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. 21640/93                     by Ulrike GRABENWARTER                     against Austria        The European Commission of Human Rights (First Chamber) sitting in private on 28 February 1995, the following members being present:             Mr.   C.L. ROZAKIS, President           Mrs. J. LIDDY           MM.   A.S. GÖZÜBÜYÜK                A. WEITZEL                M.P. PELLONPÄÄ                B. CONFORTI                N. BRATZA                I. BÉKÉS                E. KONSTANTINOV                G. RESS             Mrs. M.F. BUQUICCHIO, 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 31 March 1993 by Ulrike Grabenwarter against Austria and registered on 8 April 1993 under file No. 21640/93;        Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;        Having regard to the Commission's decision of 6 September 1994 to communicate part of the application;        Having regard to the observations submitted by the respondent Government on 15 December 1994 after an extension of the time limit and the observations in reply submitted by the applicant on 31 January 1995;        Having deliberated;        Decides as follows:   THE FACTS        The facts of the case, as submitted by the parties, may be summarised as follows.        The applicant, born in 1941, is an Austrian national residing in Graz.   In the proceedings before the Commission she is represented by Mr. Karlheinz Grabenwarter, a notary public practising in Graz.        In 1982 the applicant bought a farm house and a plot of land in Bad Gams, Styria.   She built a well on her land in order to gain a supply of drinking water.   In early 1985 a couple owning the neighbouring plot of land, claimed before the Austrian Courts a right of servitude to use a way on the applicant's property, situated above the well.        The present case concerns proceedings relating to the applicant's request to have a water protection zone established on her property, compensation proceedings brought by her neighbours and further proceedings regarding the water protection zone.        The third of the above-mentioned set of proceedings was instituted by the Deutschlandsberg District Administrative Authority in 1990 in order to have the restrictions imposed on the use of applicant's property in 1988 reconsidered, in accordance with an amendment of the Water Rights Act, which had entered into force on 1 July 1990.        On 10 July 1991 the District Administrative Authority changed the restrictions relating to the water protection zone.        On 27 May 1992 the Ministry for Agriculture and Forestry dismissed the applicant's appeal against this decision.        On 22 September 1992 the Administrative Court, without holding a hearing as requested by the applicant, quashed the decision by the Ministry for Agriculture and Forestry, and referred the case back to the Ministry.        On 12 October 1992 the Constitutional Court dismissed the applicant's complaint against the Ministry's decision of 27 May 1992 for lack of sufficient prospects of success.        Since 5 November 1992 the proceedings concerning the water protection zone are pending before the Ministry for Agriculture and Forestry.   COMPLAINTS        As regards the proceedings concerning the water protection zone, the applicant complained about their length and also that none of the authorities involved were independent and impartial tribunals within the meaning of Article 6 para. 1.   Moreover, she complained that on 22 September 1992 the Administrative Court decided without having held a hearing.   PROCEEDINGS BEFORE THE COMMISSION        The application was introduced on 31 March 1993 and registered on 8 April 1993.        On 6 September 1994 the Commission decided to communicate part of the application to the respondent Government for observations on the admissibility and merits.        On 15 December 1994, after an extension of the time limit, the Government submitted their observations.        By letter of 31 January 1995, the applicant's representative stated that in 1993 the real estate concerned by the proceedings complained about had been acquired by a company to which she was no longer a partner, and that she no longer wished to pursue her application.   REASONS FOR THE DECISION        The applicant raised several complaints about proceedings concerning a water protection zone, pending before the Austrian administrative authorities.        The Commission, having regard to Article 30 para. 1 (a) of the Convention, notes the applicant's submissions that she is no longer the owner of the property at issue in these administrative proceedings and does not, therefore, wish to pursue her application.        Moreover, the Commission finds no reason of a general character affecting respect for Human Rights, as defined in the Convention, which require the further examination of the application by virtue of 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 First Chamber        President of the First Chamber        (M.F. BUQUICCHIO)                       (C.L. ROZAKIS)