CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 9 novembre 1989

.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 }                        AS TO THE ADMISSIBILITY OF                           Application No. 12470/86                       by the Estate of Maria HAMMARBERG                       against Sweden             The European Commission of Human Rights sitting in private on 9 November 1989, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   G. BATLINER                   J. CAMPINOS                   H. VANDENBERGHE              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 the Estate of Maria Hammarberg against Sweden and registered on 15 October 1986 under file No. 12470/86;           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 estate's submissions, may be summarised as follows.           The applicant is the estate of Mrs.   Maria Hammarberg.   The executor (boutredningsman) of the estate is Mr.   Jacob Sundberg. Before the Commission the applicant estate is represented by Mr.   Jan Axelsson, a lawyer practising in Stockholm.           The applicant estate owns property which includes fishing waters in the Baltic Sea.   As from 1 May 1985 it was deprived of its exclusive right to fish in its 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 or others' waters.   COMPLAINTS   1.       The applicant estate alleged a violation of Article 1 of Protocol No. 1 on the ground that it has been deprived of its exclusive right to fish in its waters.   The applicant estate also alleged a violation of Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1 as a result of discriminatory rules on compensation.   2.       The applicant estate alleged a breach of Article 6 of the Convention since it has not had the possibility of submitting its claims in relation to the unlawful interference with its civil rights to a tribunal meeting the requirements of the Convention. The applicant estate also 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 21 September 1989 the applicant estate informed the Commission that it wished to withdraw the application.   REASONS FOR THE DECISION           The Commission notes that the applicant estate has withdrawn its application.   It finds no reason of a general character affecting the observance of the Convention which would require a further examination of the application.           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)