Welte and Bechtold v. Austria



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