Lexploria

Application No. 13347/87

Jan and Elisabeth HUMLEKIL

against

SWEDEN

REPORT OF THE COMMISSION

(adopted on 10 December 1990)

TABLE OF CONTENTS

INTRODUCTION ............................................. 1

PART I: STATEMENT OF THE FACTS .......................... 3

PART II: SOLUTION REACHED ................................ 4

INTRODUCTION

1. This Report relates to Application No. 13347/87 introduced

against Sweden by Mr. Jan Humlekil and Mrs. Elisabeth Humlekil on

20 October 1987 under Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms. The application was

registered on 26 October 1987.

The Government of Sweden were represented by their Agent, Carl

Henrik Ehrenkrona, Legal Adviser at the Ministry for Foreign Affairs,

Stockholm.

2. On 7 May 1990 the European Commission of Human Rights declared

the application admissible insofar as it related to the applicants'

complaint that their case before the House and Tenancy Court

(bostadsdomstolen) had not been determined by an "independent and

impartial tribunal" (Article 6 para. 1 of the Convention). 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."

3. The Commission found that the parties had reached a friendly

settlement of the case and on 10 December 1990 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 of the Commission were present when the

Report was adopted:

MM. C. A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A. S. GÖZÜBÜYÜK

A. WEITZEL

J. C. SOYER

H. G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

PART I

STATEMENT OF THE FACTS

4. The applicants are Swedish citizens, born in 1945 and 1948

respectively and resident in Stockholm. Mr. Humlekil is a practising

lawyer and Mrs. Humlekil is a secretary.

5. The applicants have rented a four-roomed flat at Spånga since

1979. The landlord is Aktiebolaget Svenska Bostäder, a limited

liability company, which is connected to the Federation of Public

Utility Housing Companies (Sveriges allmännyttiga bostadsföretag,

SABO). The tenancy agreement contains a negotiation clause

(förhandlingsklausul) to the effect that the tenant undertakes to

accept what has been agreed upon or will be agreed upon between the

company (the landlord) and the Tenants' Union under the applicable

negotiation agreement, notably the level of the rent and other rent

conditions. In accordance with this agreement, the landlord and the

Tenants' Union regularly review the rent for the flats in the house in

which the applicants live. For conducting the negotiations, the

Tenants' Union receives O.3% of the rent from the landlord.

6. In 1979 the landlord and the Tenants' Union of the area of

Metropolitan Stockholm (hyresgästföreningen i Stor-Stockholm) made an

agreement concerning leisure facilities and one concerning the

protection of tenants' interests (boendeinflytande). These agreements

have been replaced by new agreements applicable as from 1 July 1986.

According to the agreements, the Tenants' Union receives from the

company for its activities an amount corresponding to altogether O.9%

of the rent paid during the year for flats covered by the agreements.

7. The applicants gave notice to terminate the tenancy agreement

for the purpose of changing the conditions of the agreement. The

dispute was referred to the Rent Board (hyresnämnden) of the Stockholm

County. The applicants claimed that the negotiation clause should be

removed from the contract and that the rent should be reduced by

altogether 1.05%. On 19 March 1984 the Rent Board rejected the

applicants' claims.

8. The applicants appealed to the House and Tenancy Court

(bostadsdomstolen) and challenged the lay assessors of the Court. The

challenge was rejected by the Court on 16 February 1987. By judgment

of 30 April 1987 the House and Tenancy Court rejected the applicants'

claims. The Court was composed of three professional judges and four

lay assessors. The lay assessors were Mr. B. Claesson, Managing

Director of Aktiebolaget Stockholmshem, a public utility housing

company affiliated to SABO, Mrs. M. Andréasson Frohnert, Head of

Division at SABO, Mrs. S. Johansson, employee of the National Tenants'

Union, and Mrs. E. Kaplan, employee of the Tenants' Union of

Metropolitan Stockholm.

9. Before the Commission, the applicants alleged violations of

inter alia Article 6 para. 1 of the Convention on the ground that the

Rent Board and the House and Tenancy Court cannot be regarded as

independent and impartial tribunals.

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. Following an exchange of letters between the parties and a

proposal by the Commission, the Agent of the Government, by letter of

26 November 1990, submitted the following agreement which had been

reached between the applicants and the Government and which had been

approved by the Government on 22 November 1990.

"SETTLEMENT

On 7 May 1990 the European Commission of Human Rights

decided to declare admissible Application No. 13347/87

lodged by Mr. Jan Humlekil and Mrs. Elisabeth Humlekil

against Sweden.

The Government and Mr. and Mrs. Humlekil 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

each of the applicants.

b. The Government will pay the applicants' legal costs

in the amount of SEK 16.000.

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, 15 November 1990 Stockholm, 17 November 1990

(signed) (signed)

Carl Henrik Ehrenkrona Jan Humlekil

Agent of the Swedish Government

(signed)

Elisabeth Humlekil"

12. The Commission, at its session on 10 December 1990, noted that

the parties had reached an agreement regarding the terms of a

settlement. The Commission further found, having regard to Article 28

para. 1 (b) of the Convention, that the friendly settlement had been

secured on the basis of respect for Human Rights as defined in the

Convention.

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

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)

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HUMLEKIL v. SWEDEN

HUMLEKIL v. SWEDEN

LEXI