Wilflingseder v. Austria



Application No. 12711/87

by Paul WILFLINGSEDER

against Austria

The European Commission of Human Rights sitting in private

on 12 May 1988, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

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 21 January 1987

by Paul Wilflingseder against Austria and registered on

13 February 1987 under file No. 12711/87;

- the information provided by the respondent Government on

28 April 1987 and the reply submitted thereto by the

applicant on 1 June 1987;

- the first report of August 1987 provided for in Rule 40 of

the Rules of Procedure;

- the Commission's decision of 7 October 1987 to bring the

application to the notice of the respondent Government and

invite them to submit written observations on the

admissibility and merits of the application;

- the Government's submissions of 7 March 1988 and the

applicant's reply of 14 April 1988:

Having deliberated;

Decides as follows:

THE FACTS

The facts of the case, which do not appear to be in dispute

between the parties, may be summarised as follows:

The applicant, an Austrian national born in 1916, is a

university professor of surgery and resides in Innsbruck. He is

represented before the Commission by Dr. Ludwig Hoffmann, a lawyer

practising in Innsbruck.

On 25 January 1984 the applicant brought a civil action before

the Salzburg Regional Court (Landesgericht) against Ms. D. for payment

of 104.089,73 AS plus interests and costs. The applicant claimed to

be entitled to compensation for expenses incurred for the

administration of a jointly-owned piece of land.

A hearing took place before the Salzburg Regional Court on

7 June 1984. During this hearing a settlement was reached in respect

of the amount of the claim in dispute, and the subsequent proceedings

were then confined to the merits of the claim. To this end the taking

of certain evidence was ordered.

After a further hearing on 11 December 1984 the proceedings

were then closed and the Court announced that judgment would be

delivered in writing. The judgment dated 21 January 1987 was served

upon the applicant's representative on 17 March 1987.

COMPLAINTS

The applicant complained under Article 6 para. 1 of the

Convention that his case was not decided within a reasonable time in

that, after the proceedings had been closed on 11 December 1984, the

judgment was only delivered on 21 January 1987 and served on the

parties on 17 March 1987. The applicant submitted that the damages he

suffered in view of a loss of interest on account of the length of the

proceedings amounted to 26,000.-AS.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 21 January 1987 and

registered on 13 February 1987.

On 10 March 1987 the Secretary to the Commission, upon

instruction by the Rapporteur pursuant to Rule 40 para. 2 (a) of the

Commission's Rules of Procedure, requested the respondent Government

to submit further information on the application.

The information was submitted by the Government on

28 April 1987. The applicant's comments in reply were dated

1 June 1987.

On 7 October 1987 the Commission decided to bring the

application to the notice of the respondent Government and to invite

them to submit observations on its admissibility and merits, pursuant

to Rule 42 para. 2 (b) of the Rules of Procedure.

On 7 March 1988 the Government informed the Commission that

they are prepared to reach a solution with the applicant which would

satisfy his claims, in particular by granting him 26,000.-AS for the

damages suffered. On 14 April 1988 the applicant informed the

Commission that in these circumstances he withdraws his application.

REASONS FOR THE DECISION

The Commission notes that the applicant has withdrawn his

application after a solution has been found with the respondent

Government which satisfies the applicant's claims.

The Commission considers that there are no reasons of a

general interest affecting the observance of the Convention which

would require a further examination of the present 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)