JOHANSSON v. SWEDEN
Doc ref: 14006/88 • ECHR ID: 001-45605
Document date: June 30, 1993
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EUROPEAN COMMISSION OF HUMAN RIGHTS
SECOND CHAMBER
Application No. 14006/88
Barbro Johansson
against
Sweden
REPORT OF THE COMMISSION
(adopted on 30 June 1993)
TABLE OF CONTENTS
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 Mrs. Barbro Johansson against Sweden
on 5 March 1988. It was registered on 8 July 1988 under file
No. 14006/88.
The applicant was represented by Mr. Göran Ravnsborg, lecturer
at the University of Lund.
The Government of Sweden were represented by their Agent,
Mr. Carl Henrik Ehrenkrona, Ministry for Foreign Affairs, Stockholm.
2. On 30 November 1992 the Commission declared admissible the
applicant's complaint relating to the absence of a court remedy against
the refusal to grant her a retention permit. The remainder of the
application was declared inadmissible and the case referred to the
Second Chamber. The Commission (Second Chamber) then proceeded to carry
out its tasks 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 found that the parties had reached a friendly
settlement of the case and on 30 June 1993 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:
MM. S. TRECHSEL, President of the Second Chamber
G. JÖRUNDSSON
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs. G.H. THUNE
MM. F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
M.A. NOWICKI
I. CABRAL BARRETO
PART I
STATEMENT OF THE FACTS
4. The applicant is a Swedish citizen born in 1932 and resident at
Mörlunda. She is a nurse by profession.
5. In 1984 the applicant bought an agricultural property at a
compulsory auction.
6. On 3 February 1987 the County Agricultural Board (lantbruks-
nämnden) of the County of Jönköping rejected the applicant's request
under the 1979 Land Acquisition Act (jordförvärvslag 1979:230) for
permission to retain the property.
7. On 20 May 1987 the National Board of Agriculture (lantbruks-
styrelsen) rejected the applicant's appeal.
8. On 10 September 1987 the Government rejected the applicant's
further appeal.
9. Before the Commission the applicant complained, inter alia, that
she had no court remedy against the refusal to grant her permission to
retain her property. She invoked Article 6 para. 1 and Article 13 of
the Convention.
PART II
SOLUTION REACHED
10. 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.
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. Following an exchange of letters between the parties the Agent
of the Government, by letter of 4 May 1993, submitted the following
agreement reached between the applicant and the Government:
"SETTLEMENT
On 30 November 1992 the European Commission of Human Rights
decided to declare admissible Application No. 14006/88 lodged by
Mrs. Barbro Johansson against Sweden.
The Government and Mrs. Johansson have now reached the following
friendly settlement on the basis of respect for Human Rights as
defined in the Convention in order to terminate the proceedings
before the Commission.
a. The Government will pay the sum of SEK 10,000 to the
applicant.
b. The Government will pay the applicant's legal costs in the
amount of SEK 35,000.
c. Mrs. Johansson declares that she has no further claims in
the matter based on the facts dealt with in the above decision
of the Commission of 30 November 1992.
This settlement is dependent upon the formal approval of the
Government.
Stockholm, 29 March 1993 Lund, 31 March 1993
(signed) (signed)
Carl Henrik Ehrenkrona Göran Ravnsborg
Agent of the Swedish Counsel for the
Government applicant"
13. On 15 April 1993 the above agreement was formally approved by the
Government.
14. At its session on 30 June 1993, the Commission 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.
15. For these reasons, the Commission adopted this Report.
Secretary to the Second Chamber President of the Second Chamber
(K. ROGGE) (S. TRECHSEL)