Application No. 11554/85
                      by H.
                      against Austria


        The European Commission of Human Rights sitting in private
on 11 March 1988, the following members being present:

             MM.  S. TRECHSEL, Acting President
                  G. SPERDUTI
                  G. JÖRUNDSSON
                  A.S. GÖZÜBÜYÜK
                  A. WEITZEL
                  J.-C. SOYER
                  H.G. SCHERMERS
                  H. DANELIUS
                  G. BATLINER
                  J. CAMPINOS
                  H. VANDENBERGHE
             Mrs.  G.H. THUNE
             Sir  Basil HALL
             MM.  F. MARTINEZ
                  C.L. ROZAKIS
             Mrs.  J. LIDDY

             Mr.  J. RAYMOND, Deputy Secretary to the Commission

        Having regard to Article 25 of the Convention for the
Protection of Human Rights and Fundamental Freedoms;

        Having regard to the application introduced on 18 April 1985
by Mr.  H. against Austria and registered on 3 June 1985 under file N°
11554/85;

        Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;

        Having deliberated;

        Decides as follows:

THE FACTS

        The facts of the case, which do not appear to be in dispute
between the parties, may be summarised as follows:

        The applicant, born in 1953, is an Austrian citizen and
resident at L., Austria.  He is a clerk by profession.  Before
the Commission he is represented by Dr. A. Heiss, a lawyer practising
in Innsbruck.

        On 20 November 1983 the Feldkirch Regional Court (Landes-
gericht) decided that the applicant be taken into detention on remand
pending preliminary investigations concerning charges of robbery and
of fraud.  On 9 October 1984 the period of detention was prolonged to a
total of one year.

        On 26 February 1985 the Innsbruck Court of Appeal (Oberlandes-
gericht) committed the applicant for trial, and, upon the request of
the Investigating Judge at the Feldkirch Regional Court dated 7
February 1985, decided that the applicant's detention on remand could
last up to fifteen months.

        On 15 March 1985 the Feldkirch Regional Court dismissed the
applicant's request for release on the ground that the prolonged
detention on remand was lawful despite the fact that the decision of
the Court of Appeal authorising continued detention had only been
taken on 26 February 1985 after expiry of the preceding period on
17 February 1985.  The applicant's appeal was to no avail.

        On 15 May 1985 the Feldkirch Regional Court sentenced the
applicant to four years' imprisonment for, inter alia, grave fraud and
grave duress.  On 2 October 1985 the Supreme Court (Oberster
Gerichtshof) dismissed the applicant's plea of nullity (Nichtigkeits-
beschwerde).  On 30 October 1985 it dismissed the applicant's appeal
(Berufung) and, upon the Public Prosecutor's appeal, increased the
sentence to six years' imprisonment.

COMPLAINTS

        The applicant complained under Article 5 paras. 3 and 4 and
Article 6 of the Convention that his detention on remand subsequent to
17 February 1985, i.e. the last day of the period fixed on 9 October
1984, was unlawful inasmuch as the further prolongation was only
decided on 26 February 1985.  Furthermore, he submits that the decision
of the Innsbruck Court of Appeal dated 26 February 1985 concerning the
further prolongation of his detention on remand was unlawful.

PROCEEDINGS BEFORE THE COMMISSION

        The application was introduced on 18 April 1985 and registered
on 3 June 1985.

        On 2 March 1987 the Commission decided to bring the
application to the notice of the respondent Government and to invite
them to submit written observations on its admissibility and merits.
The observations of the respondent Government were submitted on 15
June 1987 and the applicant's observations in reply on 28 July 1987.

        On 9 December 1987 the Commission decided to invite the
Parties to a hearing on the admissibility and merits of the case.

        By letter of 19 February 1988 the applicant informed the
Commission that, in the light of the proceedings before the
Commission, negotiations had taken place between him and the Austrian
Government, in the course of which he had agreed to withdraw his
application to the Commission in the case that the execution of his
sentence to imprisonment be suspended.  He submits that on 11 February
1988 the Steyr District Court (Kreisgericht) decided to suspend the
execution of his sentence.  He now considers his case to be resolved
and wishes to withdraw his application to the Commission.


REASONS FOR THE DECISION

        The Commission notes that the applicant, having regard to the
suspension of his sentence after negotiations with the Austrian
Government, has withdrawn his application.

        The Commission considers that there are no reasons of a
general interest affecting the observance of the Convention which
would require a further examination of the present application.


        For these reasons, the Commission

        DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES


Deputy Secretary to the Commission       Acting President of the Commission


     (J. RAYMOND)                                   (S. TRECHSEL)