Application No. 11670/85
by Kärntner ECHO, Verlagsgesellschaft m.b.H.
against Austria
The European Commission of Human Rights sitting in private
on 8 March 1988, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
G. JÖRUNDSSON
A. WEITZEL
H. DANELIUS
G. BATLINER
J. CAMPINOS
H. VANDENBERGHE
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
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 17 July 1985
by Kärntner Echo, Verlagsgesellschaft m.b.H against Austria and registered
on 5 August 1985 under file No. 11670/85;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant was a newspaper company with legal personality
under Austrian law and had its seat in Klagenfurt. In the proceedings
before the Commission the applicant was represented by Mr. G. Seeber,
a lawyer practising in Klagenfurt.
On 3 January 1984 the Klagenfurt Regional Court (Landesgericht)
convicted the applicant for defamation in respect of another newspaper.
The Court found that in an unsigned letter to the editor published by
the applicant the other newspaper's political independence had been
denied. The applicant's appeal (Berufung) was dismissed by the Court
of Appeal (Oberlandesgericht) of Graz on 21 September 1984.
COMPLAINTS
The applicant company complained under Article 10 of the
Convention of its conviction by the Austrian Courts. It claimed that
the allegedly defamatory passage in the letter to the editor had to be
considered as a political opinion and had, therefore, to be tolerated
as part of political discussions in mass media.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 17 July 1985 and registered
on 5 August 1985. On 13 October 1986 the Commission decided to bring
the application to the notice of the respondent Government and to
invite them to submit written observations on its admissibility and
merits. The observations of the respondent Government were after two
extensions of the time-limit submitted on 11 May 1987 and communicated
to the applicant's representative for observations in reply.
In reply to a reminder the applicant's representative informed
the Commission's Secretariat on 28 July 1987 that bankruptcy proceedings
had been instituted against the applicant company and that he had
resigned as its representative. The official liquidator would
presumably not intend to pursue the application. The official
liquidator did not reply to the Secretariat's letter of 5 August 1987
inviting him to state whether he wished to pursue the case.
REASONS FOR THE DECISION
The Commission notes that the applicant company is at present
liquidated in bankruptcy proceedings. Its former representative and
the official liquidator apparently do not intend to pursue the case.
The Commission considers that, in these circumstances, the
applicant company must be considered as having lost interest in maintaining
its application. The Commission sees no reason relating to the
general interest to continue an examination of its application.
For these reasons, the Commission
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)