CEDH · CASELAW;REPORTS;ENG — 10 décembre 1990

.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. 11914/86   Charles CUNNINGHAM   against   SWEDEN   REPORT OF THE COMMISSION   (adopted on 10 December 1990)                           TABLE OF CONTENTS                                                              Page   INTRODUCTION .............................................    1   PART I:   STATEMENT OF THE FACTS ..........................    3   PART II: SOLUTION REACHED ................................    5   INTRODUCTION   1.       This Report relates to Application No. 11914/86 introduced against Sweden by Mr.   Charles Cunningham on 8 August 1983 under Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms.   The application was registered on 3 January 1986.           The applicant was represented by Mr.   Jan Humlekil, a lawyer practising in Stockholm.           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 applicant's complaint that his 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 applicant is a national of the United States of America, born in 1930 and resident at Johanneshov, Stockholm.   5.       The applicant has rented a two-roomed flat at Johanneshov since 1 August 1980.   The landlord is Aktiebolaget Svenska Bostäder, a limited liability company, which is connected with the Federation of Public Utility Housing Companies (Sveriges allmännyttiga bostadsföretag, "SABO").   The tenancy agreement between the applicant and the landlord 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 landlord and the Tenants' Union under the applicable negotiation agreement, notably the level of the rent and other rent conditions.   6.         Such a negotiation agreement is in force between the landlord and a tenants' union, the Tenants' Union of Metropolitan Stockholm (hyresgästföreningen i Stor-Stockholm).   In accordance with this agreement, the landlord and the Tenants' Union regularly review the rent for the flats in the house in which the applicant lives.   For conducting the negotiations, the Tenants' Union receives 0.3% of the rent from the landlord.   The landlord company and the Tenants' Union have also concluded one agreement concerning leisure facilities and one concerning the protection of tenants' interests (boendeinflytande). Under the agreement on the protection of tenants' interests the Tenants' Union is entitled to compensation for the functions which it has under the agreement.   The compensation shall correspond to 0.4% of the rents in all the flats covered by the agreement.   Under the agreement on leisure facilities the Tenants' Union is to receive 0.5% of the annual rents of the flats in the properties covered by these facilities.   7.       The applicant gave notice to terminate his tenancy agreement for the purpose of changing the conditions of the agreement. He subsequently referred the dispute to the Rent Board (hyresnämnden) of Stockholm County, where he claimed inter alia that his rent be reduced by 1.2%, which amount was paid by the landlord to the Tenants' Union, and that the negotiation clause be removed from his tenancy agreement.   On 7 March 1984 the Rent Board rejected the applicant's claims.   8.       The applicant appealed to the House and Tenancy Court (bostadsdomstolen).   The applicant argued that he was forced to accept the negotiation clause, since the landlord did not accept a tenancy agreement which did not include that clause.   He also stated that his sight was reduced and that he for that reason was not able to read the text in the lease.   Furthermore, the negotiation clause involved an approval in blanco of future circumstances unforeseeable to the applicant.   This disproportion, in his view, had systematically been exploited by the landlord and the Tenants' Union.   The activities concerning development of tenants' influence and leisure facilities could be criticised in several respects.   Tenants who, like the applicant, were not members of the Tenants' Union, had no influence on these activities.   On these grounds, he should be entitled to a reduction of the rent, corresponding to the 0.9% that was paid for these activities.   The Tenants' Union also conducted the rent negotiations poorly.   The applicant therefore was entitled to a rent reduction corresponding to the amount paid for rent negotiations, 0.3%.   9.       On 9 July 1985 the House and Tenancy Court rejected the appeal.   The Court was composed of three professional judges and four lay assessors.   The four lay assessors were Mr.   E. Olsson, Managing Director of SABO, Mrs.   M. Andréasson-Frohnert, Head of Division at SABO, Mrs.   S. Johansson, Ombudsman at the National Tenants' Union, and Mr.   S. Gustafsson, Member of Parliament for the Social Democrats.   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 applicant 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. 11914/86 lodged by Mr.   Charles Cunningham against Sweden.   The Government and Mr.   Cunningham 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 7.750.   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, 15 November 1990              Stockholm, 17 November 1990     (signed)                                 (signed)   Carl Henrik Ehrenkrona                   Jan Humlekil Agent of the Swedish Government          Counsel for the applicant"   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)