CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 mars 1998

.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. 29808/96                       by Erich WITT                       against Austria          The European Commission of Human Rights (First Chamber) sitting in private on 10 March 1998, the following members being present:              MM     M.P. PELLONPÄÄ, President                  N. BRATZA                  E. BUSUTTIL                  A. WEITZEL                  C.L. ROZAKIS            Mrs    J. LIDDY            MM     L. LOUCAIDES                  B. CONFORTI                  I. BÉKÉS                  G. RESS                  A. PERENIC                  C. BÎRSAN                  K. HERNDL                  M. VILA AMIGÓ            Mrs    M. HION            Mr     R. NICOLINI              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 7 November 1995 by Erich WITT against Austria and registered on 15 January 1996 under file No. 29808/96;        Having regard to:   -     the reports provided for in Rule 47 of the Rules of Procedure of      the Commission;   -     the observations submitted by the respondent Government on      31 October 1997;        Having deliberated;        Decides as follows:   THE FACTS        The applicant, born in 1918, is an Austrian national residing in Vienna. Before the Commission he was represented by MM. Toth, Themmer and Prunbauer, lawyers practising in Vienna.        The applicant, who was one of three managing directors of a private company which went bankrupt, was questioned by the police at some date between 22 March and 26 June 1990 on the suspicion of ordinary bankruptcy (fahrlässige Krida).        On 9 May 1995 the Vienna Court of Appeal (Oberlandesgericht) gave its final decision confirming the applicant's conviction of ordinary bankruptcy.     COMPLAINTS        The applicant complained under Article 6 of the Convention that the criminal proceedings against him lasted unreasonably long and that they were unfair in several respects.     PROCEEDINGS BEFORE THE COMMISSION        The application was introduced on 7 November 1995 and registered on 15 January 1996.        On 4 July 1997 the Commission decided to communicate to the respondent Government the applicant's complaint concerning the length of the criminal proceedings against him and to declare the remainder of the application inadmissible.        The Government's written observations were submitted on 31 October 1997. On 7 January 1998 the applicant's lawyers informed the Commission that they did no longer represent the applicant. By letter of 10 February 1998 the applicant was informed that the period for filing his observations in reply was, thus, interrupted and he was requested to indicate whether he intended to appoint another representative. By letter of 16 February 1998 the applicant stated that he did not wish to pursue the matter further.     REASONS FOR THE DECISION        The Commission notes that the applicant does not intend to pursue his application. In these circumstances, the Commission finds pursuant to Article 30 para. 1 (a) of the Convention that it is not justified to continue the examination of the remainder of the present application. Moreover, there are no reasons of a general character affecting respect for human rights as defined in this Convention which require the further examination of this application.        For these reasons, the Commission, unanimously,        DECIDES TO STRIKE THE REMAINDER OF THE APPLICATION OUT OF ITS      LIST OF CASES.     M.F. BUQUICCHIO                                M.P. PELLONPÄÄ      Secretary                                     President to the First Chamber                          of the First Chamber