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SÖDERSTRÖM v. SWEDEN

Doc ref: 24483/94 • ECHR ID: 001-45856

Document date: December 3, 1996

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Cited paragraphs: 0
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SÖDERSTRÖM v. SWEDEN

Doc ref: 24483/94 • ECHR ID: 001-45856

Document date: December 3, 1996

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

SECOND CHAMBER

Application No. 24483/94

Fred Söderström

against

Sweden

REPORT OF THE COMMISSION

(adopted on 3 December 1996)

TABLE OF CONTENTS

Page

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . .1

PART I : STATEMENT OF THE FACTS. . . . . . . . . . . . . . .2

PART II : SOLUTION REACHED. . . . . . . . . . . . . . . . . .3

INTRODUCTION

1. This Report relates to the application introduced under

Article 25 of the European Convention for the Protection of Human

Rights and Fundamental Freedoms by Fred Söderström against Sweden on

7 March 1994. It was registered on 28 June 1994 under file

No. 24483/94.

The Government of Sweden were represented by their Agent,

Mr. Carl Henrik Ehrenkrona.

2. On 28 February 1996 the Commission (Second Chamber) declared

admissible the complaint under Article 6 of the Convention concerning

the length of proceedings relating to property rights. It then

proceeded to carry out its task under Article 28 para. 1 of the

Convention which provides as follows:

"In the event of the Commission accepting a petition referred to

it:

a. it shall, with a view to ascertaining the facts, undertake

together with the representatives of the parties an examination

of the petition and, if need be, an investigation, for the

effective conduct of which the States concerned shall furnish all

necessary facilities, after an exchange of views with the

Commission;

b. it shall at the same time place itself at the disposal of

the parties concerned with a view to securing a friendly

settlement of the matter on the basis of respect for Human Rights

as defined in this Convention."

3. The Commission (Second Chamber) found that the parties had

reached a friendly settlement of the case and on 3 December 1996 it

adopted this Report, which, in accordance with Article 28 para. 2 of

the Convention, is confined to a brief statement of the facts and of

the solution reached.

The following members were present when the Report was adopted:

Mrs. G.H. THUNE, President

MM. J.-C. GEUS

G. JÖRUNDSSON

A. GÖZÜBÜYÜK

J.-C. SOYER

H. DANELIUS

F. MARTINEZ

M.A. NOWICKI

I. CABRAL BARRETO

J. MUCHA

D. SVÁBY

P. LORENZEN

E. BIELIUNAS

E.A. ALKEMA

PART I

STATEMENT OF THE FACTS

4. The applicant is a Swedish citizen, born in 1929 and resident at

Lindesberg.

5. On 14 May 1986 the applicant instituted proceedings before the

County Administrative Board (länsstyrelsen), claiming a hereditary

tenancy right (åborätt) to a piece of property in Lindesberg. After

having conducted an extensive investigation of the matter, the Board

rejected the applicant's claim by decision of 19 March 1990. The

applicant appealed to the National Judicial Board for Public Lands and

Funds (Kammarkollegiet), which upheld the County Administrative Board's

decision on 19 December 1991. The applicant's further appeal was

rejected by the Supreme Administrative Court (Regeringsrätten) on

1 June 1994.

6. Before the Commission the applicant complained under Article 6

of the Convention that the case was not determined within a reasonable

time.

PART II

SOLUTION REACHED

7. Following the decision on the admissibility of the application,

the Commission (Second Chamber) placed itself at the disposal of the

parties with a view to securing a friendly settlement in accordance

with Article 28 para. 1 (b) of the Convention and invited the parties

to submit any proposals they wished to make.

8. In accordance with the usual practice, the Chamber Secretary,

acting on the Commission's instructions, contacted the parties to

explore the possibilities of reaching a friendly settlement.

9. The parties indicated their willingness to reach a friendly

settlement and the respondent Government made proposals on

17 April 1996. Following an exchange of letters between the Commission

and the parties, the Government, by letter of 11 September 1996,

informed the Commission that the parties had reached a friendly

settlement on the following terms:

(Translation)

"1. The Government will pay compensation of 35,000 Swedish

crowns, all included, to [the applicant].

2. [The applicant] declares that he has no further claims based

on the facts to which his complaints to the Commission refer.

The validity of this friendly settlement ... is dependent on the

approval of the Government."

The settlement, which had been signed by the Agent of the

Government on 13 August 1996 and by the applicant on 15 August 1996,

was approved by the Government by decision of 29 August 1996. The

compensation amount was paid to the applicant on 5 September 1996.

10. At its session on 3 December 1996, the Commission (Second

Chamber) noted that the parties had reached an agreement regarding the

terms of a settlement. It further considered, having regard to Article

28 para. 1 (b) of the Convention, that the friendly settlement of the

case had been secured on the basis of respect for Human Rights as

defined in the Convention.

11. For these reasons, the Commission adopted the present Report.

M.-T. SCHOEPFER G.H. THUNE

Secretary President

to the Second Chamber of the Second Chamber

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