CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 27 novembre 1996

.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 }                          AS TO THE ADMISSIBILITY OF                         Application No. 28898/95                       by Adolf HOLZINGER                       against Austria        The European Commission of Human Rights (First Chamber) sitting in private on 27 November 1996, the following members being present:              Mrs.   J. LIDDY, President            MM.    M.P. PELLONPÄÄ                  E. BUSUTTIL                  A. WEITZEL                  L. LOUCAIDES                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  G. RESS                  C. BÎRSAN                  K. HERNDL                  M. VILA AMIGÓ              Mrs.   M.F. BUQUICCHIO, Secretary to the 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 28 June 1995 by Adolf HOLZINGER against Austria and registered on 9 October 1995 under file No. 28898/95;        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 1934.   He lives in Hallein.   The facts of the application, as submitted by the applicant, may be summarised as follows.        On 8 July 1987 the applicant brought proceedings (17 C 1018/87) in the Salzburg District Court (Bezirksgericht) against a former lawyer for the sum of AS 11,294.05.   The lawyer objected, and a hearing was held on 25 January 1988.   The court decided to adjourn the proceedings until other proceedings (20 SW 2/87) were determined.   Those proceedings were determined on 15 March 1988, and the applicant requested the continuation of the proceedings 17 C 1018/87, adding to the amount claimed.        From November 1988 the applicant was represented by a lawyer, but continued to make applications to the court.        A second hearing took place on 1 December 1989.   The court adjourned the case pending the outcome of parallel proceedings against the same defendant.   The applicant made further applications for the proceedings to be continued, and from 1 January 1994 the applicant again represented himself.        On 12 December 1994 a fresh hearing was held, because a new judge was dealing with the case.   The proceedings were adjourned sine die for the court to obtain all the files.        On 16 January 1995 the defendant died.        The proceedings ended when the applicant, by letter of 29 June 1995, requested their discontinuation on the ground that he would no longer be able to recover the money in any event.   COMPLAINTS        The applicant alleges violation of Article 6 of the Convention. He complains of the length of the proceedings - which lasted some eight years without even a first instance judgment - and also alleges unfairness, without giving any details.   THE LAW   1.    The applicant alleges a violation of Article 6 para. 1 (Art. 6-1) of the Convention by reason of the length of the proceedings.        The Commission considers that it cannot, on the basis of the file, determine the admissibility of this complaint and that it is therefore necessary, in accordance with Rule 48 para. 2 (b) of the Rules of Procedure, to give notice of this complaint to the respondent Government.     2.    The applicant also claims that the proceedings were unfair, and in violation of Article 6 para. 1 (Art. 6-1) of the Convention.        However, the applicant has failed to make any submissions on the fairness of the proceedings, and in any event, they never advanced to a first instance decision, and appear ultimately to have been terminated on the applicant's request.        It follows that this part of the application is manifestly ill- founded within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.          For these reasons, the Commission, unanimously,        DECIDES TO ADJOURN the examination of the applicant's      complaint concerning the length of the proceedings, and        DECLARES INADMISSIBLE the remainder of the application.       M.F. BUQUICCHIO                                  J. LIDDY      Secretary                                     President to the First Chamber                          of the First Chamber