Application No. 15946/90
by Abdullah ELAINOUNI and Chama LAAMRANI
against the Netherlands
The European Commission of Human Rights sitting in private on 11
May 1992, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H. DANELIUS
Mrs. G. H. THUNE
Sir Basil HALL
MM. F. MARTINEZ RUIZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
A.V. ALMEIDA RIBEIRO
M.P. PELLONPÄÄ
B. MARXER
Mr. H.C. KRÜGER, 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 2 November 1989
by Abdullah ELAINOUNI and Chama LAAMRANI against the Netherlands and
registered on 5 January 1990 under file No. 15946/90;
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 are a married couple holding Moroccan citizenship.
They were born in 1944 and 1960 respectively and are at present
residing in Amsterdam, the Netherlands. Before the Commission they are
represented by Mr. E.M. van den Brom, a lawyer practising in Amsterdam.
The applicants have complained under Article 6 of the Convention
that the decision to refuse a residence permit to their nephew, whom
they consider as their adoptive son, was not taken by an independent
and impartial tribunal.
The applicants have further complained that their right to
respect for family life within the meaning of Article 8 of the
Convention was unjustly interfered with by the authorities' refusal to
grant their nephew a residence permit.
The applicants' nephew has recently been granted a residence
permit by the Netherlands authorities.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 2 November 1989 and registered
on 5 January 1990.
On 2 September 1991 the Commission decided to communicate the
application to the respondent Government and invite them to submit
written observations on the admissibility and the merits of the
complaints under Articles 6 and 8 of the Convention.
The Government's observations were submitted on 14 January 1992.
By letter of 14 February 1992 the applicants' representative
informed the Commission that the applicants wish to withdraw the
application.
REASONS FOR THE DECISION
The Commission notes that the applicants wish to withdraw their
application, since their nephew has in the meantime been granted a
residence permit by the Netherlands authorities. The Commission
concludes that the applicants do not intend to pursue their petition
within the meaning of Article 30 para. 1 (a) of the Convention. It
finds no special circumstances regarding respect for human rights as
defined in the Convention which require examination of the application
to be continued, in accordance with Article 30 para. 1 in fine of the
Convention.
For these reasons, the Commission, unanimously
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. Krüger) (C.A. Nørgaard)
Full & Egal Universal Law Academy