CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 7 décembre 1994

.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. 23322/94                       by Karolj PROKEC                       against Sweden         The European Commission of Human Rights sitting in private on 7 December 1994, the following members being present:              MM.    C.A. NØRGAARD, President                  S. TRECHSEL                  A. WEITZEL                  F. ERMACORA                  E. BUSUTTIL                  G. JÖRUNDSSON                  A.S. GÖZÜBÜYÜK                  J.-C. SOYER                  H.G. SCHERMERS                  H. DANELIUS            MM.    F. MARTINEZ                  C.L. ROZAKIS            Mrs.   J. LIDDY            MM.    L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  G.B. REFFI                  M.A. NOWICKI                  I. CABRAL BARRETO                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  J. MUCHA                  E. KONSTANTINOV                  D. SVÁBY                  G. RESS              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 20 January 1994 by Karolj PROKEC against Sweden and registered on 25 January 1994 under file No. 23322/94;     Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;         Having regard to the written observations submitted by the parties, their oral submissions during the hearing held on 7 September 1994 as well as the information submitted by the Government and the applicant on 27 October and 17 November 1994 respectively;         Having deliberated;         Decides as follows:   THE FACTS         The applicant is a citizen of former Yugoslavia, born in 1962. He is of Hungarian origin and has lived most of his life at Subotica, near the Hungarian border. Currently the applicant resides with his aunt in Sweden. Before the Commission he is represented by Mrs. Janet Hagbohm, a lawyer practising at Helsingborg, Sweden.         The applicant came to Sweden on 15 January 1992 and applied for asylum, a permanent residence permit and a work permit. His application was, however, rejected by the Swedish authorities.         Before the Commission the applicant complained that a return to former Yugoslavia would amount to inhuman treatment, in particular due to his state of health. He furthermore maintained that an expulsion would amount to an unjustified interference with his right to respect for his family life due to the fact that nearly all his relatives were living in Sweden and since he was dependent on their assistance for his well-being. He invoked Articles 3 and 8 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 20 January 1994 and registered on 25 January 1994.         On 25 January 1994 the President of the Commission decided, pursuant to Rule 36 of the Commission's Rules of Procedure, to indicate to the respondent Government that it was desirable in the interest of the parties and the proper conduct of the proceedings not to return the applicant to former Yugoslavia until the Commission had had an opportunity to examine the application.         The President further decided, pursuant to Rule 34 para. 3 and Rule 48 para. 2 (b), to bring the application to the notice of the respondent Government and to invite them to submit written observations on the admissibility and merits.         The Government's observations were submitted on 22 February 1994.         On 10 March 1994 the Commission prolonged the President's indication under Rule 36 until 15 April 1994.         The applicant's observations in reply to those of the Government were submitted on 18 March and further observations were submitted by the Government on 7 April 1994.         On 14 April 1994 the Commission prolonged its indication under Rule 36 until 20 May 1994.         On 19 May 1994 the Commission decided in accordance with Rule 50 para. 1 (b) of its Rules of Procedure to obtain the parties' oral submissions on the admissibility and merits of the case. It was furthermore decided to prolong the Rule 36 indication until 8 July 1994. This indication was subsequently prolonged until 7 September 1994.         The hearing took place on 7 September 1994 following which the Commission decided to adjourn the case pending the outcome of the applicant's new request for a residence permit submitted to the Swedish authorities. The Rule 36 indication was prolonged until 21 October 1994.         On 20 October 1994 the Commission decided to prolong its indication under Rule 36 until 9 December 1994.         On 27 October 1994 the Government informed the Commission that the applicant had been granted a permanent residence permit on 21 October 1994.         On 17 November 1994 the applicant informed the Commission that he did not intend to pursue his application.   REASONS FOR THE DECISION         Having regard to Article 30 para. 1 (a) of the Convention, the Commission notes that the applicant does not intend to pursue his petition. Furthermore, 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 in accordance with Article 30 para. 1 in fine of the Convention.         For these reasons, the Commission, unanimously,         DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.         Secretary to the Commission        President of the Commission              (H.C. KRÜGER)                       (C.A. NØRGAARD)