CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 20 octobre 1992

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          Application No. 19513/92                       by H. MLYNEK                       against Austria           The European Commission of Human Rights (Second Chamber) sitting in private on 20 October 1992, 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                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 23 January 1992 by Hannes MLYNEK against Austria and registered on 10 February 1992 under file No. 19513/92;         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 applicant is an Austrian citizen born in 1943.   He lives in Vienna.         Criminal proceedings were introduced against the applicant on 21 March 1980.   On 10 March 1988 the Commission found that the proceedings against the applicant had not been determined within a reasonable time to 10 March 1988 (No. 11688/85, Comm. Rep. 10.3.88). On 9 December 1991 the Commission found that, in respect of the proceedings to that date, Article 6 had not been complied with (No. 15016/89, Comm. Rep. 9.12.91).         On 5 July 1991, the applicant's third trial at first instance began, following the quashing of his second conviction.   On 16 September 1991 the applicant was found guilty of delay in opening insolvency proceedings.         When the present application was introduced, the applicant had not received the written judgment.   COMPLAINTS         The applicant again alleges a violation of Article 6 para. 1 of the Convention.     PROCEEDINGS BEFORE THE COMMISSION         On 13 May 1992 the Commission decided to request written observations on the admissibility and merits of the application.         On 15 September 1992 the applicant and the respondent Government entered into an agreement whereby the applicant's request for costs under Section 9(2) of the Courts (Recovery) Act 1962 (Gerichtliches Einbringungsgesetz) would be granted.   The applicant declared both the present application, and Application No. 15016/89, to be settled.   REASONS FOR THE DECISION         The Commission finds that the matter before it has been resolved and that the applicant therefore no longer intends to pursue his petition, within the meaning of Article 30 para. 1 (a) and (b) of the Convention.   Respect for human rights as defined in the Convention does not require the examination of the application to be continued.         For these reasons the Commission unanimously           Decides to strike the application out of its list of cases.       Secretary to the Second Chamber         President of the Second Chamber              (K. ROGGE)                              (S. TRECHSEL)