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ÖSTERBERG v. SWEDEN

Doc ref: 12469/86 • ECHR ID: 001-637

Document date: March 12, 1990

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ÖSTERBERG v. SWEDEN

Doc ref: 12469/86 • ECHR ID: 001-637

Document date: March 12, 1990

Cited paragraphs only

Application No. 12469/86

by Harald ÖSTERBERG

against Sweden

The European Commission of Human Rights sitting in private

on 12 March 1990, the following members being present:

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

G. BATLINER

J. CAMPINOS

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

Mr. L. LOUCAIDES

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 31 October 1985

by Harald Österberg against Sweden and registered on 15 October 1986

under file No. 12469/86;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The facts of the case, as they appear from the applicant's

submissions, may be summarised as follows:

The applicant is a Swedish citizen born in 1922 and a

resident of Möja. He is a fisherman by profession. Before the

Commission the applicant is represented by Mr. Jan Axelsson, a lawyer

practising in Stockholm.

The applicant owns property which includes fishing waters in

the Baltic Sea. As from 1 May 1985 he was deprived of his exclusive

right to fish in his waters as a result of new legislation which was

passed by Parliament. Pursuant to this legislation, everyone has the

right to fish with hand-held equipment in the applicant's waters.

COMPLAINTS

1. The applicant alleged a violation of Article 1 of Protocol No. 1

to the Convention on the ground that he had been deprived of his

exclusive right to fish in his waters.

2. The applicant also alleged a violation of Article 14 of the

Convention in conjunction with Article 1 of Protocol No. 1 as a result

of the discriminatory rules on compensation.

3. The applicant alleged a breach of Article 6 of the Convention

since he had no possibility of submitting his claims in relation to

the alleged unlawful interference with his civil rights to a tribunal

meeting the requirements of the Convention.

4. The applicant finally alleged a violation of Article 13 of the

Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 31 October 1985 and

registered on 15 October 1986.

On 6 October 1987 the Commission decided that notice of the

application should be given to the respondent Government, but that the

further examination of the application should be adjourned pending the

outcome of Applications Nos. 11763/85-11767/85, 11830/85 and 12091/86,

Banér and others v. Sweden.

On 9 March 1989 the Commission declared the last mentioned

applications inadmissible.

On 16 January 1990 the applicant informed the Commission that

he wished to withdraw the application.

REASONS FOR THE DECISION

The Commission finds that the applicant does not intend to

pursue his application before the Commission within the meaning of

Article 30 para. 1 (a) of the Convention.

It further considers that respect for Human Rights as defined

in the Convention does not require that the Commission continue its

examination of the application.

It follows that the application shall be struck off the list

of cases pursuant to Article 30 para. 1 of the Convention.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)

LEXI

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