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ITALINVEST AKTIEBOLAG v. SWEDEN

Doc ref: 14097/88 • ECHR ID: 001-45489

Document date: October 14, 1991

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ITALINVEST AKTIEBOLAG v. SWEDEN

Doc ref: 14097/88 • ECHR ID: 001-45489

Document date: October 14, 1991

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

FIRST CHAMBER

Application No. 14097/88

ITALINVEST AKTIEBOLAG

against

SWEDEN

REPORT OF THE COMMISSION

(adopted on 14 October 1991)

TABLE OF CONTENTS

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 Italinvest Aktiebolag against

Sweden on 3 June 1988. It was registered on 5 August 1988 under file

No. 14097/88.

The applicant company 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, Under-Secretary for Legal and Consular

Affairs at the Ministry for Foreign Affairs, Stockholm.

2. On 8 January 1991 the Commission, having consulted the parties,

decided to refer the application to the First Chamber.

3. On 6 March 1991 the Commission declared the application

admissible insofar as it related to the absence of a right to a court

review of the withdrawal of a licence to serve alcoholic beverages

granted to Giallo Aktiebolag, a subsidiary to the applicant

company*. The remainder of the application was declared

inadmissible. The Commission 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."

4. The Commission (First Chamber) found that the parties had

reached a friendly settlement of the case and on 14 October 1991 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.

-------

* This decision is public and may be obtained from the Secretary

to the Commission.

----------

The following members were present when the Report was

adopted:

MM. J. A. FROWEIN, President of the First Chamber

F. ERMACORA

E. BUSUTTIL

A. S. GÖZÜBÜYÜK

J. C. SOYER

H. DANELIUS

MM. C.L. ROZAKIS

L. LOUCAIDES

A.V. ALMEIDA RIBEIRO

B. MARXER

PART I

STATEMENT OF THE FACTS

5. The applicant is a limited liability company with its seat in

Lund. It owns all shares of another limited liability company named

Giallo Aktiebolag (hereinafter "Giallo").

6. In December 1985 Giallo was granted a licence to serve

alcoholic beverages in its restaurant. In April and November 1986

the licence was renewed, the latest licence being valid until further

notice.

7. In October 1987 the County Administrative Board (läns-

styrelsen) of the County of Malmöhus withdrew the licence in

application of the 1977 Act on the Sale of Beverages (lagen on handel

med drycker), as the restaurant did not satisfy the condition of a

restaurant within the meaning of that Act and as it had failed

seriously in the social responsibility imposed on it.

8. In December 1987 Giallo's appeal to the National Board of

Health and Social Welfare (socialstyrelsen) was rejected. This

decision was not subject to any further appeal.

9. Before the Commission the applicant company complained that it

could not obtain a court review of the withdrawal of Giallo's licence

to serve alcoholic beverages; that the withdrawal was intended to

serve as a punishment against "certain inconveniences alleged by the

bureaucracy in the past"; and that the withdrawal violated its right

to the peaceful enjoyment of its possessions. It invoked Article 6

paras. 1 and 2 and Article 14 of the Convention as well as Article 1

of Protocol No. 1 to the Convention.

PART II

SOLUTION REACHED

10. Following its 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.

11. In accordance with the usual practice, the Secretary, acting

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

possibilities of reaching a friendly settlement.

12. By letter of 23 August 1991 the Agent of the Government

submitted the following agreement reached between the applicant

company and the Government on 26 July 1991 and approved by the

Government on 8 August 1991:

"SETTLEMENT

On 6 March 1991 the European Commission of Human Rights

decided to declare admissible application No. 14097/88

lodged by Italinvest AB 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 legal costs

in the amount of SEK 21.000.

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, 5 June 1991 Stockholm, 26 July 1991

(signed) (signed)

Carl Henrik Ehrenkrona Göran Ravnsborg

Agent of the Swedish Counsel for the

Government applicant"

13. At its session on 14 October 1991, 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 First Chamber President of the First Chamber

(M. de SALVIA) (J.A. FROWEIN)

LEXI

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