Application No. 18088/91
by Anton WELTE and Ilga BECHTOLD
against Austria
The European Commission of Human Rights (Second Chamber) sitting
in private on 30 June 1993, the following members being present:
MM. S. TRECHSEL, President of the Second Chamber
G. JÖRUNDSSON
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs. G.H. THUNE
MM. F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
M.A. NOWICKI
I. CABRAL BARRETO
Mr. K. ROGGE, Secretary to the Second 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 30 January 1991
by Anton WELTE and Ilga BECHTOLD against Austria and registered on
16 April 1991 under file No. 18088/91;
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
In 1986 a limited company in the applicants' neighbourhood was
granted a licence to open a stone quarry which was later modified.
The latter decision was challenged by the applicants.
In February 1991, following lengthy proceedings, the company
withdrew its request for a licence.
On 29 April 1991, the Federal Minister for Economic Affairs
(Bundesminister für wirtschaftliche Angelegenheiten) withdrew the
licence.
COMPLAINTS
The applicants complained under Article 6 para. 1 of the
Convention that they did not have a fair hearing in the appeal
proceedings against the licence. They also raised complaints under
Article 2 of the Convention and Article 1 of Protocol No. 1 to the
Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 30 January 1991 and registered
on 16 April 1991.
On 14 October 1992 the Commission decided to bring the
application to the notice of the respondent Government inviting them
to submit written observations on admissibility and merits. The
Government's observations were submitted on 22 January 1993.
On 2 April 1993 the applicants informed the Commission that,
having regard to the Government's observations, they wished to withdraw
their application.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 (a) of the Convention, the
Commission notes that, following the Government's submissions relating
to the termination of the proceedings complained of, the applicants do
not intend to pursue their petition.
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 the continuation of
the examination of the application.
For these reasons, the Commission unanimously
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary of the Second Chamber President of the Second Chamber
of the Commission of the Commission
K. ROGGE S. TRECHSEL
Full & Egal Universal Law Academy