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JÄDERGÅRD AND OTHERS v. SWEDEN

Doc ref: 13247/87 • ECHR ID: 001-45521

Document date: July 1, 1992

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JÄDERGÅRD AND OTHERS v. SWEDEN

Doc ref: 13247/87 • ECHR ID: 001-45521

Document date: July 1, 1992

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

SECOND CHAMBER

Application No. 13247/87

Hans JÄDERGÅRD and Others

against

SWEDEN

REPORT OF THE COMMISSION

(adopted on 1 July 1992)

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 Hans Jädergård and Others against

Sweden on 1 December 1986. It was registered on 29 September 1987 under

file No. 13247/87.

The Government of Sweden were represented by their Agent,

Mr. Carl Henrik Ehrenkrona, Ministry for Foreign Affairs, Stockholm.

2. On 8 July 1991 the Commission (Second Chamber) declared

admissible the complaint under Article 6 para. 1 of the Convention as

lodged by Mr. Jädergård and six other applicants. The remainder of the

application was declared inadmissible. It 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 1 July 1992 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

PART I

STATEMENT OF THE FACTS

4. The seven applicants, whose complaints were declared admissible,

are Mr. Hans Jädergård, Mr. Conny Bennerson, Mr. Berndt Franking,

Mrs. Alice Widell, Mr. Lars Horney, Mr. Ã…ke Ã…sberg and Mr. Ã…ke Nyberg.

They are all Swedish citizens.

5. On 30 August 1984 the municipal assembly (kommunfullmäktige) of

Tyresö adopted new regulations in the building plan for the area of

Dyviksudde, with the effect that the applicants' building rights were

reduced.

6. On 21 February 1985 the regulations were confirmed by the County

Administrative Board (länsstyrelsen) of the County of Stockholm.

7. On 5 June 1986 the Government rejected the applicants' appeals.

8. Before the Commission the applicants complained, inter alia, that

they could not obtain a court examination of the lawfulness of the

County Administrative Board's decision. They invoked, in this respect,

Article 6 para. 1 of the Convention.

PART II

SOLUTION REACHED

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

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.

10. 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.

11. By letter of 15 May 1992 the Agent of the Government submitted

the following agreement reached between the applicant and the

Government in April 1992:

"SETTLEMENT

On 8 July 1991 the European Commission of Human Rights decided

to declare admissible application No. 13247/87 lodged by

Mr. Hans Jädergård and others against Sweden. The application was

declared admissible only in as far as it related to complaints

lodged by Mr. Hans Jädergård, Mr. Conny Bennerson,

Mr. Berndt Franking, Mrs. Alice Widell, Mr. Lars Horney,

Mr. Åke Åsberg and Mr. Åke Nyberg.

The Government and the above applicants 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 to each of the above applicants the

sum of SEK 10 000.

b) The Government will pay the applicants' costs in the amount

of SEK 10 000 in all.

c) The applicants declare that they have no further claims in

the matter.

This settlement is dependent upon the formal approval of the

Government.

Stockholm, 30 March 1992 Stockholm, April 1992

(signed) (signed)

Carl Henrik Ehrenkrona Hans Jädergård

Agent of the Swedish As applicant and repre-

Government sentative of the above

mentioned six applicants"

12. On 7 May 1992 the above agreement was approved by the Government.

13. At its session on 1 July 1992, 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.

14. For these reasons, the Commission adopted this Report.

Secretary to the Second Chamber President of the Second Chamber

(K. ROGGE) (S. TRECHSEL)

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