MLYNEK v. AUSTRIA
Doc ref: 19513/92 • ECHR ID: 001-1409
Document date: October 20, 1992
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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)