2 CAN v. AUSTRIA JUGDMENT 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 22 October 1984, the President drew by lot, in the presence of the Registrar, the names of the five other members, namely Mr. J. Pinheiro Farinha, Mr. E. Garcia de Enterria, Mr. L.-E. Pettiti, Mr. B. Walsh and Mr. R. Bernhardt (Article 43 in fine of the Convention and Rule 21 para. 4) (art. 43). Subsequently, Mr. Garcia de Enterria and Mr. Bernhardt, who were prevented from taking part in the consideration of the case, were replaced by Mr. F. Gölcüklü and Mr. C. Russo, substitute judges (Rules 22 para. 1 and 24 para. 1). 4. Having assumed the office of President of the Chamber (Rule 21 para. 5), Mr. Wiarda consulted, through the Deputy Registrar, the Agent of the Austrian Government ("the Government"), the Delegate of the Commission and the lawyer for Mr. Can regarding the need for a written procedure (Rule 37 para. 1). On 3 December 1984, he directed that the Agent and the lawyer should each have until 31 January 1985 to file a memorial and that the Delegate should be entitled to reply in writing within three weeks from the date of the transmission to him by the Registrar of whichever of the aforesaid pleadings should last be filed. However, the President subsequently granted to the Government several extensions of their time-limit since they were conducting settlement negotiations with the lawyer for the applicant. The latter’s memorial was received by the Registrar on 4 February. 5. The negotiations proved successful and the Permanent Representative of Austria to the Council of Europe informed the Registrar on 11 June of the terms of the friendly settlement to which they had led (see paragraph 14 below). At the same time, he advised the Registrar that the Government requested the Court to strike the case out of the list (Rule 48 para. 2 of the Rules of Court); in a letter of 28 May, received at the registry on 3 June, Mr. Can’s lawyer had indicated that he agreed to such a course. On 19 June, the Permanent Representative also notified the Court of an initial step that had been taken by the Government (see paragraph 14 below). The Delegate, for his part, considered that the friendly settlement in question could be regarded as based on respect for human rights; the Deputy Secretary to the Commission so informed the Registrar on 12 August. 6. On 25 September, the Court decided to dispense with hearings, having found that the requisite conditions for this derogation from the usual procedure were satisfied (Rules 26 and 38 of the Rules of Court).