26 GUZZARDI v. ITALY JUDGMENT dismissed the applications (respin[s]e le istanze), whilst letting it be understood that the applicant’s living conditions should be improved and directing that a copy of its decision be communicated to the Minister of the Interior and to the Sassari questore (see paragraph 20 above). Besides, on 22 July 1976 the same Regional Court did order Mr. Guzzardi’s transfer to Force, as requested by the Milan questore on the previous day (see paragraph 21 above). 79. Accordingly, the Government have not shown that the applicant ought to have directed his request for a change in his place of residence - or any complaint regarding his circumstances on Asinara - to the administrative rather than the judicial authorities, subject to having recourse to an ordinary or administrative court in the event of his representations being rejected. The Government were unable to cite any precedent in support of their submissions (see the verbatim record of the hearings of 29 January 1980 - the reply given to questions 2 and 4 put by the Court; cf. the above-mentioned Deweer judgment, p. 18, par. 32). 80. The Court notes furthermore that in many instances the laws of the Contracting States enable an individual, whether or not he relies on changed circumstances, to seek a cancellation or mitigation of a decision in force, even a judicial decision, without being defeated by the rule of res judicata. Were Article 26 (art. 26) to make mandatory the taking of such steps, which by their very nature may be repeated an indefinite number of times, it might very well erect a permanent barrier to bringing matters before the Commission; the Delegates rightly stressed this point. 81. The second branch also of the objection of non-exhaustion is therefore not substantiated. C. The plea as to the disappearance of the object of the proceedings 82. Mr. Guzzardi left Cala Reale for Force on July 1976, before the Commission had drawn up its report (7 December 1978) or even accepted the application (1 March 1977), and since November 1977 Asinara has no longer been used as a place for compulsory residence (see paragraphs 21 and 43 above). In the Government’s submission, the proceedings had therefore become devoid of object in that Mr. Guzzardi had achieved the aim he was pursuing through his transfer request of 14 November 1975 (see paragraph 20 above) and his petition to the Commission; a judgment by the Court would not be able to afford him any greater relief, especially since the conditions for the application of Article 50 (art. 50) were not fulfilled. 83. No issue as to estoppel arises here, as both before and after 1 March 1977 the Government had argued the point before the Commission. The latter gave no ruling thereon (see the admissibility decision, in the section entitled "Submissions of the parties", par. 1-A, V-1 in fine and VI-1 in fine; and the report, paragraph 67).

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