Application No. 16151/90
by D.C., D.S. and L.A.
against Austria
The European Commission of Human Rights sitting in private on
17 January 1992, the following members being present:
MM.C.A. NØRGAARD, President
S. TRECHSEL
F. ERMACORA
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H. DANELIUS
SirBasil HALL
Mr.F. MARTINEZ
Mrs.J. LIDDY
MM.J.-C. GEUS
M.P. PELLONPÄÄ
B. MARXER
Mr.J. RAYMOND, 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 17 January 1992
by D.C., D.C. and L. A. against Austria and registered on 8 February
1990 under file No. 16151/90;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
FACTS
The first and second applicants are Austrian limited companies
registered in Salzburg. The third applicant is an Austrian national
and resident in Salzburg. He is the managing partner of the first and
the second applicant. Before the Commission the applicants are
represented by Mr. W. Schuler, a lawyer practising in Salzburg.
In March 1989 the Munich District Court (Amtsgericht), in the
course of criminal proceedings concerning offences under the German
Foreign Trade Act, issued a search warrant concerning the business
premises of the first and second applicants.
Subsequently, in proceedings under letters rogatory, the Salzburg
District Court issued a corresponding warrant of search and seizure.
On 4 July 1989 the first and second applicants' business premises
were searched and various documents were seized.
The applicants' appeal remained unsuccessful.
COMPLAINTS
The applicants complained under Articles 5, 6 and 7 of the
Convention about the search of their business premises and the seizure
of their business and technical documents.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 17 January 1990 and registered
on 8 February 1990.
By letter of 8 January 1992 the applicants' representative
informed the Commission that the first and second applicants are
presently being liquidated and that the applicants, therefore, wish to
withdraw their application.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 (a) of the Convention, the
Commission notes that the first and second applicant are in the state
of being liquidated, and that none of the applicants intends to pursue
the application. Furthermore, in accordance with Article 30 para. 1
in fine, the Commission finds no special circumstances regarding
respect for human rights as defined in the Convention which require
continuing the examination of the application.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Deputy Secretary to the Commission President of the Commission
(J. RAYMOND) (C.A. NØRGAARD)
Full & Egal Universal Law Academy