7
CAN v. AUSTRIA JUGDMENT
judgment of 8 June 1976, Series A no. 22, pp. 38-39, para. 91, the Luedicke,
Belkacem and Koç judgment of 28 November 1978, Series A no. 29, p. 20,
para. 48, and the above-mentioned Campbell and Fell judgment, Series A
no. 80, pp. 44-45, paras. 95-99).
Above all, the respondent Government have undertaken to submit to the
legislative assemblies a draft of new rules on the supervision in question
and, when so doing, to take into account the unanimous opinion which the
Commission expressed in its report. In addition, the Government have now
already communicated the contents of the report to all the Austrian courts
and to the prosecution authorities, thereby indicating the approach which the
Government will propose should be adopted in the reform.
18. Accordingly, the Court, like the Delegate of the Commission (see
paragraph 5 above), considers that the solution adopted by the Government
and the applicant is based on respect for human rights as guaranteed by the
Convention. Consequently, it is appropriate to strike the case out of the list.
FOR THESE REASONS, THE COURT UNANIMOUSLY
Decides to strike the case out of the list.
Done in English and in French, and notified in writing under Rule 54
para. 2, second sub-paragraph, of the Rules of Court, on 30 September
1985.
Gérard WIARDA
President
Marc-André EISSEN
Registrar
In accordance with Article 51 para. 2 (art. 51-2) of the Convention and
Rule 52 para. 2 of the Rules of Court, the joint concurring opinion of Mr.
Matscher and Mr. Pinheiro Farinha is annexed to the present judgment.
G.W.
M.-A.E.