2 LINGENS v. AUSTRIA JUGDMENT January 1985, by the Federal Government of the Republic of Austria ("the Government"). The case originated in an application (no. 9815/82) against Austria lodged with the Commission on 19 April 1982 under Article 25 (art. 25) by Mr. Peter Michael Lingens, an Austrian national. The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48) and to the declaration whereby the Republic of Austria recognised the compulsory jurisdiction of the Court (Article 46) (art. 46), and the Government’s application referred to Article 48 (art. 48). They sought a decision as to whether or not the facts of the case disclosed a breach by the respondent State of its obligations under Article 10 (art. 10). 2. In response to the inquiry made in accordance with Rule 33 para. 3 (d) of the Rules of Court, Mr. Lingens stated that he wished to take part in the proceedings pending before the Court and designated the lawyer who would represent him (Rule 30). 3. The Chamber of seven judges to be constituted included, as ex officio members, Mr. F. Matscher, the elected judge of Austrian nationality (Article 43 of the Convention) (art. 43), and Mr. G. Wiarda, the President of the Court (Rule 21 para. 3 (b)). On 23 January 1985, the President drew by lot, in the presence of the Registrar, the names of the five other members, namely Mrs. D. Bindschedler-Robert, Mr. G. Lagergren, Sir Vincent Evans, Mr. R. Bernhardt and Mr. J. Gersing (Article 43 in fine of the Convention and Rule 21 para. 4) (art. 43). 4. Mr. Wiarda assumed the office of President of the Chamber (Rule 21 para. 5). After consulting, through the Deputy Registrar, the Agent of the Government, the Commission’s Delegate and Mr. Lingens’ lawyer, he - decided, on 11 February 1985, that there was no call at that stage for memorials to be filed (Rule 37 para. 1); - directed, on 4 July, that the oral proceedings should open on 25 November 1985 (Rule 38). On 30 January, the President had granted the applicant’s lawyer leave to use the German language during the proceedings (Rule 27 para. 3). 5. On 4 May 1985, the International Press Institute (IPI), through Interights, sought leave to submit written observations under Rule 37 para. 2. On 6 July, the President agreed, subject to certain conditions. After an extension of the time-limit originally granted, these observations were received at the Court’s registry on 1 October 1985. 6. On 25 September 1985, the Chamber had decided under Rule 50 to relinquish jurisdiction forthwith in favour of the plenary Court. In a letter received at the registry on 13 November the applicant submitted his claims under Article 50 (art. 50) of the Convention. 7. The hearings, presided over by Mr. Ryssdal who had become President of the Court on 30 May 1985, were held in public at the Human Rights Building, Strasbourg, on 25 November 1985. Immediately before they opened, the Court had held a preparatory meeting.