H. v. the Netherlands



Application No. 12263/86

by C.H.

against the Netherlands

The European Commission of Human Rights sitting in private on 6

December 1991, the following members being present:

MM.C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

G. SPERDUTI

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs.G. H. THUNE

SirBasil HALL

MM.F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs.J. LIDDY

MM.L. LOUCAIDES

J.-C. GEUS

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

B. MARXER

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;

Having regard to the application introduced on 25 March 1986 by

C.H. against the Netherlands and registered on 10 July 1986 under file

No. 12263/86 ;

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 a fruit grower of Dutch nationality, born in

1916 and residing in H., the Netherlands.

The applicant complained under Articles 2 and 5 of the Convention

that the Dutch authorities had granted a licence to a company to

construct, bring into operation and exploit an installation for the

mixing of asphalt on an industrial estate close to his house.

The applicant furthermore complained under Article 6 of the

Convention that the decision not to award him damages for the decreased

value of his house and his unsaleable fruit as a result of the

licencing and operating of the asphalt-mixing installation, was not

taken by an independent and impartial tribunal.

The asphalt-mixing installation has recently been dismantled in

order to be reconstructed elsewhere.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 25 March 1986 and registered

on 10 July 1986.

Following two adjournments on respectively 13 October 1988 and

11 March 1989, the Commission decided on 12 April 1991 to communicate

the application to the respondent Government and invite them to submit

written observations on the admissibility and the merits of the

complaint under Article 6 of the Convention.

The Government's observations were submitted on 4 July 1991.

By letter of 16 July 1991 the applicant was invited to submit his

observations in reply before 13 September 1991.

The applicant, by letter of 5 September 1991, informed the

Commission that he wished to withdraw the application.

REASONS FOR THE DECISION

The Commission notes that the applicant wishes to withdraw his

application, since the asphalt-mixing installation has in the meantime

been dismantled. The Commission concludes that the applicant does not

intend to pursue his petition within the meaning of Article 30 para.

1 (a) of the Convention. It finds no special circumstances regarding

respect for human rights as defined in the Convention which require

examination of the application to be continued, in accordance with

Article 30 para. 1 in fine of the Convention.

For these reasons, the Commission, unanimously

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)