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. 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)