CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 14 janvier 1991

.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. 14293/88                       by A.                       against Sweden             The European Commission of Human Rights sitting in private on 14 January 1991, the following members being present:                 MM. C.A. NØRGAARD, President                   S. TRECHSEL                   F. ERMACORA                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A. WEITZEL                   H. DANELIUS              Mrs.   G. H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ RUIZ                   C.L. ROZAKIS              Mrs.   J. LIDDY              MM.   L. LOUCAIDES                   J.-C. GEUS                   A.V. ALMEIDA RIBEIRO                   M.P. PELLONPÄÄ                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 26 August 1988 by A. against Sweden and registered on 20 October 1988 under file No. 14293/88;           Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;           Having regard to the information submitted by the respondent Government on 30 November and 12 December 1990.           Having deliberated;           Decides as follows:   THE FACTS           The applicant is a Swedish citizen, born in 1926.   He is a civil engineer and resides at Saltsjö Duvnäs, Sweden.   Before the Commission he is represented by Mr.   Mario Bergström, a lawyer practising in Stockholm.           The applicant complains that a special charge (tax supplement) amounting to 282,920 Swedish crowns was imposed upon him without a fair and public hearing in court as guaranteed by Article 6 para. 1 of the Convention, and that the provisions in Swedish law concerning the special charge (tax supplement) is not in conformity with the presumption of innocence secured by Article 6 para. 2 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 26 August 1988 and registered on 20 October 1988.           On 2 July 1990 the Commission decided to bring the application to the notice of the respondent Government, inviting them to submit written observations on the admissibility and merits of the case.           On 30 November 1990 the Government informed the Commission that a settlement had been reached and submitted, on 12 December 1990, a copy of this settlement which reads as follows:   "SETTLEMENT   On 26 August 1988 Mr. A. introduced an application with the European Commission of Human Rights.   It was registered under No. 14293/88.   On 2 July 1990 the Government was requested to submit its observations on the admissibility and merits of the application.   After negotiations the Government and Mr. A. 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 150.000 to the     applicant.   b)   The Government will pay the applicant's legal costs in     the amount of SEK 70.500.   c)   The applicant declares he has no further claims in the     matter.   d)   The parties agree that the application is struck off the     Commission's list of cases.   This settlement is dependent upon the formal approval of the Government.     Stockholm 27 November 1990       Stockholm 28 November 1990     Carl Henrik Ehrenkrona           Mario Bergström Agent of the Swedish             Councel for the Government                       applicant".           The settlement was approved by the Government on 6 December 1990.   REASONS FOR THE DECISION           Having regard to Article 30 para. 1 of the Convention, the Commission notes that the matter has been resolved.   Furthermore, it finds no special circumstances regarding respect for human rights as defined in the Convention which require the continuation of the examination of the application.           For these reasons, the Commission unanimously           DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.     Secretary to the Commission                President of the Commission             (H. C. KRUGER)                               (C. A. NØRGAARD)