CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 13 avril 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. 25425/94                       by Jan ZYGADLO and Malgorzata NAROG                       against San Marino        The European Commission of Human Rights sitting in private on 13 April 1995, the following members being present:              MM.    C.A. NØRGAARD, President                  C.L. ROZAKIS                  E. BUSUTTIL                  G. JÖRUNDSSON                  S. TRECHSEL                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  J.-C. SOYER                  H.G. SCHERMERS            Mrs.   G.H. THUNE            Mr.    F. MARTINEZ            Mrs.   J. LIDDY            MM.    L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  M.A. NOWICKI                  B. CONFORTI                  I. BÉKÉS                  J. MUCHA                  D. SVÁBY                  G. RESS              Mr.    M. de SALVIA, 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 4 October 1994 by Jan ZYGADLO and Malgorzata NAROG against San Marino and registered on 14 October 1994 under file No. 25425/94 ;        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 applicants, a married couple, born respectively in 1962 and 1963, are Polish citizens, residing in San Marino.        Before the Commission they are represented by Ms. Antonella Mularoni, a lawyer practising in San Marino.        The facts of the case, as they have been submitted by the applicants, may be summarised as follows.        On 22 August 1994 the Government of San Marino issued an deportation order against the applicants. On 15 September the applicants appealed against this decision and requested, pending the appeal proceedings, the suspension of the deportation order.        By a letter of 20 March 1995 the applicants' lawyer informed the Commission that the Government had granted the applicants a residence and work permit.   COMPLAINTS        The applicants complain of the deportion order and invoke generally the Convention and Protocol No. 7.   PROCEEDINGS BEFORE THE COMMISSION        The application was introduced on 4 October 1994 and registered on 14 October 1994. The applicants requested the Commission to stay their deportation until their application had been examined by the Commission.        On 14 October 1994 the Commission decided not to indicate to the Government of San Marino, pursuant to Rule 36 of the Commission's Rules of Procedure, the measure suggested by the applicants, but to give notice of the introduction of the application to the respondent Government in accordance with Rule 46 of the Commission's Rules of Procedure.   REASONS FOR THE DECISION        The Commission notes that the applicants were granted a residence and work permit in San Marino and, by a letter of 20 March 1995, expressed the wish to withdraw their application.        The Commission concludes under Article 30 para. 1 (a) of the Convention that the applicants no longer intend to pursue their petition. It further considers that respect for Human Rights as defined in the Convention does not require the continued examination of the application.        For these reasons, the Commission, unanimously,        DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.        Deputy Secretary                 President      to the Commission                of the Commission         (M. de SALVIA)                   (C.A. NØRGAARD)