concurring OPINION OF JUDGE pettiti

( Translation )

The Court has struck the case out of the list on the basis and in the light of the Government’s undertaking not to deport Mr B.B. The Court has not said in the judgment that Mr B.B. has definitively lost locus standi as a “victim”, as his initial application concerned the exclusion order with all its consequences with regard to both Article 3 and Article 8.

[1] Notes by the Registrar

. The case is numbered 47 / 1998 / 950 / 1165 . The first number is the case’s position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case’s position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.

[2] . Rules of Court A apply to all cases referred to the Court before the entry into force of Protocol No. 9 (1 October 1994) and thereafter only to cases concerning States not bound by that Protocol. They correspond to the Rules that came into force on 1 January 1983, as amended several times subsequently.

[3] . Note by the Registrar . For practical reasons this annex will appear only with the printed version of the judgment (in Reports of Judgments and Decisions 1998), but a copy of the Commission’s report is obtainable from the registry.