V. In its observations of 29th December, 1965, the Applicant company
objected to this interpretation of Article 6, paragraph (1), of the
Convention by the Constitutional Court. It submitted that the mere
review of an administrative decision by the Constitutional or the
Administrative Court did not itself constitute a decision within the
meaning of that provision. For in such cases the facts had been
established and the evidence evaluated by the administrative
authorities in a procedure that was in conformity with the Article.
The Court's power review was limited, in particular in so far as the
appreciation of evidence was concerned.

The Applicant company also referred to the reservation made by Austria
with respect to Article 5 of the Convention which reads as follows:

"The provisions of Article 5 of the Convention shall be so applied that
there shall be no interference with the measures for the deprivation
of liberty prescribed in the laws on administrative procedure - Federal
Gazette No. 172/1950 - subject to review by the Administrative Court
of the Constitutional Court as provided for in the Austrian Federal
Constitution."

In the opinion of the Applicant company, this reservation would have
been superfluous if the Constitutional Court's above interpretation of
Article 6, paragraph (1), of the Convention were correct.

VI. In its further observations of 21st February, 1966, the Respondent
Government submitted that the Application was inadmissible because, at
the time of its introduction, the domestic remedies had not been
exhausted. The Government also considered that the Application was
directed against the decision of the Federal Ministry of Finance dated
10th June, 1963 although the final decision in this case had been given
by the Constitutional Court on 14th October, 1965.

VII. The Applicant company replied on 4th April, 1966, that, at the
time of the introduction of the Application, the appeal to the
Constitutional Court did not constitute an effective remedy within the
meaning of Article 26 of the Convention. This view had subsequently
been confirmed by the negative decision of the Constitutional Court.

VIII. By the Federal Act of 7th July, 1966 (Federal Gazette No. 126),
the Austrian Nationalrat authorised the Federal Ministry of Finance to
sell the Federal shares in the Österreichische Volksfürsorge (formerly
Allianz und Giselaverein) for the sum of 17,895,000 Austrian
schillings. Subsequently, these shares were sold to the Austrian
Federation of Trade Unions (Österreichischer Gewerkschaftsbund). This
Federation was given special consideration since the shares had formed
part of the assets of the former "Deutsche Arbeitsfront" which, as an
institution of the national socialist regime, had, itself, absorbed the
assets of the trade unions existing at that time.

In pursuance of an agreement of 21st July, 1966, the Austrian
Federation of Trade Unions, for its part, sold 40 % of the shares to
the Applicant company for the sum of 11,500,000 Austrian schillings.
The Applicant company also undertook to withdraw the present
Application.

IX. In a letter of 9th December, 1966, to the Commission, the Applicant
company stated that a settlement had been reached in respect of its
restitution claim against the Republic of Austria and that,
consequently, it did not wish to pursue its Application before the
Commission. In reply, the Commission's Secretary requested information
as to the terms and the legal basis of the settlement. The Applicant
company submitted this information in its letters of 22nd December,
1966, and 2nd March, 1967. It referred, in particular, to the Federal
Act of 7th July, 1966, and to the subsequent transactions described
under VIII above. It further stated that the definite purchase of a
considerable part of the shares of the Österreichische Volksfürsorge
had been considered preferable to long drawn out proceedings of
uncertain outcome.

These declarations of the Applicant company have been communicated to
the Respondent Government.

THE LAW

Whereas the Applicant company states that it wishes to withdraw its
present Application; whereas the Commission has considered this
declaration in the light of its constant jurisprudence in cases of
proposed withdrawal of an application pending before it; whereas it
results from this jurisprudence that in such cases the Commission is
called upon to ascertain whether there are any reasons of a general
character affecting the observance of the Convention which would
necessitate a further examination of the Applicant's complaint; whereas
in this respect reference is made to Application No. 2294/64 (Gericke
v. Federal Republic of Germany), Collection of Decisions of the
Commission, Volume 20, page 95 et seq. (99 - 100) and Application No.
1470/62 (Niekisch v. Federal Republic of Germany), Collection of
Decisions, Volume 21, page 1 et seq. (7);

Whereas, in considering the declaration of withdrawal made by the
present Applicant, the Commission has taken into account the written
observations of the Parties on the admissibility of the Application and
the explanations given by the Applicant company with regard to the
background of the settlement which has now been reached in Austria in
respect of the Applicant company's restitution claim;

Whereas, in particular, the Commission has noted that this settlement
was based on the Federal Act of 7th July, 1966, by which the Austrian
Nationalrat authorised the Federal Ministry of Finance to sell the
shares which formed the subject of the Applicant company's restitution
claim;

Whereas it is true that the present case raises important questions
under Article 6, paragraph (1) (Art. 6-1), of the Convention which
states that, in the determination of his civil rights, everyone is
entitled to a hearing "within a reasonable time" by an "independent and
impartial tribunal";

Whereas, however, the Commission finds that - regardless of the
interpretation to be given to this provision - there are in the
particular circumstances of this case no compelling reasons of a
general character affecting the observance of the Convention which
would necessitate a further examination of the Applicant's complaints.

Now therefore the Commission decides TO STRIKE THIS APPLICATION OFF THE
LIST.