CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 16 avril 1996

.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. 28221/95                       by M. F.                       against Austria        The European Commission of Human Rights (First Chamber) sitting in private on 16 April 1996, the following members being present:              MM.    C.L. ROZAKIS, President                  E. BUSUTTIL                  A. WEITZEL                  M.P. PELLONPÄÄ                  B. MARXER                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  E. KONSTANTINOV                  A. PERENIC                  C. BÎRSAN                  K. HERNDL              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 1 November 1994 by M. F. against Austria and registered on 16 August 1995 under file No. 28221/95;        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 1907, is an Austrian national, residing in Vienna. In the proceedings before the Commission she is represented by Mr. G. Pawlikowsky.        The facts of the case, as submitted by the applicant, may be summarised as follows.        On 20 February 1994 the applicant requested the Favoriten District Court (Bezirksgericht) to grant her access to her great- grandchildren on every third Saturday afternoon.        On 12 April 1994 the District Court found that the applicant had withdrawn her request.        On 3 May 1994 the District Court rejected an appeal against this decision on the ground that Mr. Pawlikowsky, who had lodged that appeal, did not have a power of attorney from the applicant.        On 17 June 1994 the Vienna Regional Civil Court (Landesgericht für Zivilrechtssachen) rejected a further appeal, which was signed by Mr. Pawlikowsky and the applicant. It noted in particular that, on 22 April 1994, the applicant had appeared personally before the Favoriten District Court. She had submitted a document, stating that she withdrew the power of attorney for Mr. Pawlikowsky, and any appeals he had lodged in her name. Thus, the District Court rightly found that, at the time of its decision, Mr. Pawlikowsky had no power of attorney.        On 23 September 1994 the Supreme Court (Oberster Gerichtshof) rejected the applicant's appeal on points of law (außerordentlicher Revisionsrekurs).        On 30 September 1994 the applicant died.   COMPLAINTS        The applicant complained under Article 6 para. 1 of the Convention that the courts wrongly found that she had withdrawn her request for access to her great-grandchildren.   REASONS FOR THE DECISION        The Commission notes that the applicant died.        The Commission considers that the applicant's death does not in itself dispose of her complaint. In this context the Commission recalls that close relatives of the deceased applicant are in principle entitled to take her place (see Eur. Court H.R., X. v. France judgment of 31 March 1992, Series A no. 234-C, p. 89, para. 26).        In the present case, no successor has been presented. The complaint relates to proceedings concerning the applicant's request for access to her great-grandchildren. Thus, it concerns an issue which is closely linked to the person of the deceased applicant.        The Commission concludes, therefore, that it is no longer justified to continue the examination of this application, within the meaning of Article 30 para. 1 (c) of the Convention. It further considers that respect for Human Rights as defined in the Convention does not require the continuation of the examination.        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)