CEDH · CASELAW;REPORTS;ENG — 8 octobre 1987

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  Application No. 11464/85   Max von SYDOW   against   SWEDEN               REPORT OF THE COMMISSION   (adopted on 8 October 1987)     TABLE OF CONTENTS                                                             Page               INTRODUCTION ................................      1             PART I   :   STATEMENT OF THE FACTS ...........      3             PART II :   SOLUTION REACHED .................      4   &-INTRODUCTION&-           1.       This Report relates to Application No. 11464/85 introduced by Max von Sydow against Sweden on 21 February 1985 under Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms.   The application was registered on 22 March 1985.           The applicant was represented by Mr.   Carl Göran Risberg, a lawyer practising in Stockholm.           The Government were represented by their Agent, Mr.   Hans Corell, Ministry of Foreign Affairs.   2.       On 12 May 1987, the European Commission of Human Rights declared admissible the applicant's complaint concerning the imposition of a special charge (tax supplement) (särskild avgift (skattetillägg)) without a fair and public hearing.   The remainder of the application was declared inadmissible.*   The Commission then proceeded to carry out its task under Article 28 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 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."         _________________           * This decision is public and can be obtained from the           Commission's Secretary.     3.       The Commission found that the parties had reached a friendly settlement of the case and on 8 October 1987 it adopted this Report which, in accordance with Article 30 of the Convention, is confined to a brief statement of the facts and of the solution reached.   4.       The following members of the Commission were present when the Report was adopted:                      MM.   C.A. NØRGAARD, President                         S. TRECHSEL                         F. ERMACORA                         B. KIERNAN                         A. WEITZEL                         H.G. SCHERMERS                         H. DANELIUS                         G. BATLINER                         H. VANDENBERGHE                    Mrs.   G.H. THUNE                    Sir   Basil HALL   &_PART I&_     STATEMENT OF THE FACTS         5.       The applicant is a Swedish citizen, born in 1929.   He resides in Rome, Italy.   6.       The application concerns court proceedings in the Administrative Court of Appeal (kammarrätten) of Stockholm at the end of which the Court upheld a judgment of the Regional Tax Court (länsskatterätten) of Stockholm by which it had been decided to impose on the applicant additional taxation (eftertaxering) as well as a special charge (tax supplement), the latter totalling 120,399 Swedish crowns.   7.       Before the Commission the applicant complained that he did not receive a fair and public hearing as guaranteed by Article 6 of the Convention when the question of the special charge (tax supplement) was determined by the Administrative Court of Appeal.   In particular he complained under Article 6 para. 1 that the proceedings were conducted entirely in writing and that his request for an oral hearing had been rejected.   He furthermore complained that Article 6 para. 2 had been violated since he had to prove his innocence or other particular circumstances in order to avoid the special charge (tax supplement).   Finally he alleged a violation of Article 13 of the Convention in that he had no separate effective remedy against the refusal of the Administrative Court of Appeal to hold an oral hearing.   8.       On 9 October 1985 the Commission decided to bring the application to the notice of the respondent Government and to invite them to submit written observations on the admissibility and merits. The Government's observations were submitted on 29 January 1986 and the applicant's observations in reply were submitted on 24 April 1986.   9.       On 12 May 1987 the Commission, having regard to Article 6 para. 1 of the Convention, declared admissible the applicant's complaint concerning the imposition of the special charge (tax supplement) without a fair and public hearing and rejected the remainder of the application.   &_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 (b) of the Convention and invited the parties to submit any proposals they wished to make.   11.      In accordance with its usual practice the Commission instructed its Secretary to contact the parties for this purpose. Following an exchange of letters channelled through the Commission the Agent of the Government, by letter of 14 September 1987, submitted on behalf of the parties the following text dated 25 August 1987:                     "SETTLEMENT   On 12 May 1987 the European Commission of Human Rights decided to declare admissible Application No. 11464/85 lodged by Mr. von Sydow against Sweden.   After negotiations the Government and Mr. von Sydow 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 two hundred thousand (200 000) Swedish Crowns to the applicant.   b.   The Government will pay the applicant's legal costs in the amount of one hundred twenty thousand (120 000) Swedish Crowns.   Mr. von Sydow declares that he has no further claims in the matter."     12.      The applicant's representative submitted, by letter of 22 September 1987, the following statement on behalf of the applicant:     "...   I confirm that there has been a settlement in the above mentioned case in accordance with the document signed in Stockholm on August 25, 1987 by Mr.   Hans Corell as agent of the Swedish Government on one hand, and myself for Mr. von Sydow on the other hand."   13.      At its session on 8 October 1987 the Commission found from the above that the parties had reached agreement regarding the terms of settlement.   It further found, having regard to Article 28 (b) of the Convention, that a friendly settlement of the present application had been secured on the basis of respect for human rights as defined in the Convention.           For these reasons, the Commission adopted this Report.       Secretary to the Commission             President of the Commission                 (H. C. KRÜGER)                      (C. A. NØRGAARD)