C. v. THE UNITED KINGDOM
Doc ref: 9618/81 • ECHR ID: 001-629
Document date: May 12, 1986
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The European Commission of Human Rights sitting in private on
12 May 1986, the following members being present:
MM. C. A. NØRGAARD, President
G. SPERDUTI
F. ERMACORA
E. BUSUTTIL
G. JÖRUNDSSON
G. TENEKIDES
S. TRECHSEL
B. KIERNAN
A. WEITZEL
J. C. SOYER
H. G. SCHERMERS
H. DANELIUS
G. BATLINER
Mrs. G. H. THUNE
Sir Basil HALL
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 (art. 25);
Having regard to the application introduced on 4 December 1981 by
N.C. against the United Kingdom and registered on 15 December 1981
under file No. 9618/81;
Having regard to the report provided for in Rule 40 of the Rules of
Procedure of the Commission;
Having regard to:
- The Commission's decision of 11 May 1984 to bring the
application to the notice of the respondent Government but not to
invite them to submit written observations on its admissibility and to
adjourn the application;
- the Commission's decision of 8 March 1986 to invite the
applicant, pursuant to Rule 42 para. 2(a) of its Rules of Procedure,
to inform it whether he proposed to pursue his application in view of
the judgment of the Court in the case of James and Others;
- the applicant's reply of 10 March 1986,
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a chartered surveyor resident in Surrey. He is
represented by Mr. Harry Kidd of Oxford. The applicant complains
that the freehold of a house owned by him was compulsorily acquired by
a tenant exercising the right of enfranchisement conferred by the
Leasehold Reform Act 1967 and he invokes Article 1 of Protocol No. 1
to the Convention (P1-1) and Articles 13 and 14 of the Convention
(art. 13, art. 14).
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 4 December 1981 and registered
on 15 December 1981.
On 11 May 1984 the Commission decided to bring the application to the
notice of the respondent Government pursuant to Rule 42 para. 2(b) of
the Rules of Procedure without requesting observations on its
admissibility and merits and to adjourn the case pending the final
decision in Application No. 8793/79, which raised similar issues.
On 8 March 1986 the Commission resumed its examination of the
admissibility of the application in the light of the judgment of the
Court of 21 February 1986 in the case of James and Others (formerly
Application No. 8793/79) and decided to invite the applicant pursuant
to Rule 42 para. 2(a) of the Rules of Procedure to indicate whether he
wished to pursue the present application.
On 10 March 1986 the applicant informed the Commission that he wished
to withdraw his application in view of the Court's judgment in the
case of James and Others.
FINDINGS OF THE COMMISSION
The applicant complained that the compulsory enfranchisement of his
tenant's interest in a freehold property under the Leasehold Reform
Act 1967 was in breach of Article 1 of Protocol No. 1 (P1-1)
and Articles 13 and 14 of the Convention (art. 13, art. 14).
However, in view of the Court's judgment in the case of James and
Others, which relates to similar complaints, the applicant has
informed the Commission that he wishes to withdraw his application.
The Commission finds that the applicant does not wish to maintain his
application and that there are no reasons of a general character
affecting the observance of the Convention which necessitate a further
examination of the case.
For these reasons, the Commission
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES
Secretary to the Commission President of the Commission
(H. C. KRÜGER) (C. A. NØRGAARD)