SECOND SECTION

DECISION AS TO THE ADMISSIBILITY OF

Application no. 52592/99 by Aniello TEDESCO against Italy

The European Court of Human Rights ( Second Section) , sitting on 6 September 2001 as a Chamber composed of

Mr C.L. Rozakis , President , Mr A.B. Baka , Mr P. Lorenzen , Mrs M. Tsatsa-Nikolovska , Mr E. Levits , Mr A. Kovler ,

Mr V. Zagrebelsky , judges , and Mr E. Fribergh , Section Registrar ,

Having regard to the above application introduced on 8 November 1999 and registered on 15 November 1999,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Aniello Tedesco, is a Italian national , born in 1936 and living in Venticano ( Avellino ). He is represented before the Court by Mr La Brocca and Mr Rando, two lawyers practising in Benevento.

The facts of the case, as submitted by the parties, may be summarised as follows.

In 1994 criminal proceedings were instituted against the applicant for damage. By an order of 29 June 1994, served on the applicant on 1 July 1994, the Benevento Magistrate committed the applicant for trial commencing on 8 March 1995 before the S. Giorgio del Sannio ( Benevento ) Magistrate.

By a judgment of 19 May 1999, the S. Giorgio del Sannio Magistrate acquitted the applicant.

THE LAW

The applicant’s complaint related to the length of the proceedings.

The applicant has now informed the Court of his wish to withdraw the application.

In accordance with Article 37 § 1 (c) of the Convention, the Court considers that the applicant has lost interest in his application. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention which require the continuation of the examination of the application.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Erik Fribergh Christos Rozakis Registrar President