STØRKSEN v. NORWAY
Doc ref: 19819/92 • ECHR ID: 001-45800
Document date: March 5, 1996
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EUROPEAN COMMISSION OF HUMAN RIGHTS
SECOND CHAMBER
Application No. 19819/92
Jostein STØRKSEN
against
Norway
REPORT OF THE COMMISSION
(adopted on 5 March 1996)
TABLE OF CONTENTS
Page
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
PART I : STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . 3
PART II : SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . 4
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 Jostein Størksen against Norway on
17 October 1991. It was registered on 10 April 1992 under file
No. 19819/92.
2. The applicant was represented by Mr. Knut Rognlien, a lawyer
practising in Oslo.
3. The Government of Norway were represented by their acting Agent,
Ms. Kristine Ryssdal of the Solicitor General's Office.
4. On 5 July 1994 the Commission (Second Chamber) decided to adjourn
its examination of the applicant's complaint under Article 6 para. 1
of the Convention relating to the length of the proceedings and
declared inadmissible the remainder of the application. On
29 November 1995 the Commission declared admissible the complaint
concerning the length of the proceedings. 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."
5. The Commission found that the parties had reached a friendly
settlement of the case and on 5 March 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.
6. The following members were present when the Report was adopted:
Mr. H. DANELIUS, President
Mrs. G.H. THUNE
MM. G. JÖRUNDSSON
J.-C. SOYER
H.G. SCHERMERS
F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
M.A. NOWICKI
I. CABRAL BARRETO
J. MUCHA
D. SVÁBY
P. LORENZEN
PART I
STATEMENT OF THE FACTS
7. On 30 January 1985, the applicant instituted proceedings in the
City Court of Oslo (Oslo Byrett) against the Norwegian State
represented by the Ministry of Fisheries claiming that the Ministry was
obliged to grant him a fishing licence for a certain vessel. He also
claimed damages for alleged loss of income related to the dispute
concerning the fishing licence.
8. By judgment of 28 July 1987 the City Court found for the Ministry
and costs were awarded against the applicant. This judgment was upheld
on appeal by the Eidsivating High Court (Eidsivating Lagmannsrett) by
judgment of 6 July 1990. Leave to appeal to the Supreme Court
(Høyesterett) was refused on 10 April 1991. The applicant was informed
thereof on 18 April 1991.
9. Before the Commission the applicant complained, under Article 6
para. 1 of the Convention, of the length of the above proceedings.
PART II
SOLUTION REACHED
10. Following the decision on the admissibility of the application
of 29 November 1995, the Commission 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.
11. 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.
12. By letter of 8 February 1996 the parties submitted the following
agreement reached between them:
"We would like to inform you that the parties have reached
a friendly settlement.
The parties have agreed as follows:
1. Without admitting that there has been any violation of
the Convention, the Government has decided to pay the
applicant ex gratia NOK 20,000.
2. The Government will cover NOK 15,000 of the
applicant's costs for the Commission.
3. The applicant will withdraw his application from the
Commission and undertake not to institute any
subsequent proceedings in this matter.
On behalf of the Government On behalf of the applicant
(signed) (signed)
Kristine Ryssdal Knut Rognlien
advocate advocate"
13. At its session on 5 March 1996, the Commission noted that the
parties had reached an agreement regarding the terms of a settlement.
14. 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.
15. For these reasons, the Commission adopted the present Report.
Secretary to the Second Chamber President of the Second Chamber
(M.-T. SCHOEPFER) (H. DANELIUS)