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D.C., D.S. AND L.A. v. AUSTRIA

Doc ref: 16151/90 • ECHR ID: 001-1219

Document date: January 17, 1992

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D.C., D.S. AND L.A. v. AUSTRIA

Doc ref: 16151/90 • ECHR ID: 001-1219

Document date: January 17, 1992

Cited paragraphs only

Application No. 16151/90

by D.C., D.S. and L.A.

against Austria

The European Commission of Human Rights sitting in private on

17 January 1992, the following members being present:

MM.C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

SirBasil HALL

Mr.F. MARTINEZ

Mrs.J. LIDDY

MM.J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

Mr.J. RAYMOND, Deputy 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 17 January 1992

by D.C., D.C. and L. A. against Austria and registered on 8 February

1990 under file No. 16151/90;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

FACTS

The first and second applicants are Austrian limited companies

registered in Salzburg. The third applicant is an Austrian national

and resident in Salzburg. He is the managing partner of the first and

the second applicant. Before the Commission the applicants are

represented by Mr. W. Schuler, a lawyer practising in Salzburg.

In March 1989 the Munich District Court (Amtsgericht), in the

course of criminal proceedings concerning offences under the German

Foreign Trade Act, issued a search warrant concerning the business

premises of the first and second applicants.

Subsequently, in proceedings under letters rogatory, the Salzburg

District Court issued a corresponding warrant of search and seizure.

On 4 July 1989 the first and second applicants' business premises

were searched and various documents were seized.

The applicants' appeal remained unsuccessful.

COMPLAINTS

The applicants complained under Articles 5, 6 and 7 of the

Convention about the search of their business premises and the seizure

of their business and technical documents.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 17 January 1990 and registered

on 8 February 1990.

By letter of 8 January 1992 the applicants' representative

informed the Commission that the first and second applicants are

presently being liquidated and that the applicants, therefore, wish to

withdraw their application.

REASONS FOR THE DECISION

Having regard to Article 30 para. 1 (a) of the Convention, the

Commission notes that the first and second applicant are in the state

of being liquidated, and that none of the applicants intends to pursue

the application. Furthermore, in accordance with Article 30 para. 1

in fine, the Commission finds no special circumstances regarding

respect for human rights as defined in the Convention which require

continuing the examination of the application.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Deputy Secretary to the Commission President of the Commission

(J. RAYMOND) (C.A. NØRGAARD)

LEXI

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