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TÖRNLÖF v. SWEDEN

Doc ref: 13913/88 • ECHR ID: 001-45511

Document date: April 1, 1992

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TÖRNLÖF v. SWEDEN

Doc ref: 13913/88 • ECHR ID: 001-45511

Document date: April 1, 1992

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

SECOND CHAMBER

Application No. 13913/88

Karl-Erik TÖRNLÖF

against

SWEDEN

REPORT OF THE COMMISSION

(adopted on 1 April 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 Karl-Erik Törnlöf against Sweden on

21 March 1988. It was registered on 3 June 1988 under file

No. 13913/88.

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 the

application admissible. 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 found that the parties had reached a friendly

settlement of the case and on 1 April 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

A.V. ALMEIDA RIBEIRO

PART I

STATEMENT OF THE FACTS

4. The applicant is a Swedish citizen born in 1927 and resident at

Saltsjö-Boo.

5. On 14 May 1986 the Building Committee (byggnadsnämnden) of the

municipality of Nacka rejected the applicant's request for a building

permit by way of exemption from the building prohibition affecting his

property.

6. On 30 June 1987 the County Administrative Board (länsstyrelsen)

of the County of Stockholm rejected the applicant's appeal.

7. On 8 October 1987 the Government rejected the applicant's further

appeal.

8. Before the Commission the applicant complained that he did not

have a fair and impartial hearing by a court, invoking 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 11 February 1992 the Agent of the Government

submitted the following agreement reached between the applicant and the

Government in January 1992:

"SETTLEMENT

On 8 July 1991 the European Commission of Human Rights decided

to declare admissible application No. 13913/88 lodged by

Mr. Karl-Erik Törnlöf against Sweden.

The Government and the applicant 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 costs in the amount

of SEK 5 000.

c) The applicant declares that he has no further claims in the

matter.

This settlement is dependent upon the formal approval of the

Government.

Stockholm, 8 January 1992 Stockholm, January 1992

(signed) (signed)

Carl Henrik Ehrenkrona Karl-Erik Törnlöf

Agent of the Swedish

Government"

12. On 23 January 1992 the agreement was approved by the Government.

13. At its session on 1 April 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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