CEDH · CASELAW;REPORTS;ENG — 15 avril 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. 12887/87     Hans-Göran MYRDAL     against   SWEDEN   REPORT OF THE COMMISSION   (adopted on 15 April 1991)   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. 12887/87 introduced against Sweden by Mr.   Hans-Göran Myrdal on 6 April 1987 under Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms.   The application was registered on 4 May 1987.   2.       The Government of Sweden were represented by their Agent, Mr. Carl Henrik Ehrenkrona, Legal Adviser at the Ministry for Foreign Affairs, Stockholm.   3.       The applicant was represented by Mr.   Staffan Myrdal, a lawyer practising in Uppsala.   4.       On 7 June 1990 the European Commission of Human Rights declared the application admissible.   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."   5.       The Commission found that the parties had reached a friendly settlement of the case and on 15 April 1991 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.   6.       The following members of the Commission were present when the Report was adopted:                  MM.   C.A. NØRGAARD, President                   J.A. FROWEIN                   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                   J.-C. GEUS                   M.P. PELLONPÄÄ                   B. MARXER     PART I   STATEMENT OF THE FACTS       7.       The applicant is a Swedish citizen, born in 1931 and resident at Uppsala.   He is a manager by profession.   8.       The applicant is the owner of a property, Fålhagen 37:2.   On 22 March 1984 the Building Committee (byggnadsnämnden) of Uppsala granted the applicant's neighbour a permit to build a house (ateljébyggnad) on his property, Fålhagen 37:6.   It accorded an exemption from the provisions of Sections 39 and 67 of the Building Ordinance (byggnadsstadgan) and Section 34 of the Building Act (byggnadslagen).   9.       The applicant appealed against this decision to the County Administrative Board (länsstyrelsen) of the Uppsala County.   In his appeal the applicant alleged that the building would have negative consequences for his property and that the Building Committee had dealt with the matter incorrectly.   On 25 February 1985 the County Administrative Board rejected the appeal.   10.       The applicant appealed to the Administrative Court of Appeal (kammarrätten) of Stockholm which, on 18 April 1986, decided that, since the case concerned not only the question of a building permit but also the question of exemption from building prohibitions, the entire case should be determined by the Government.   11.      On 23 October 1986 the Government (the Ministry of Housing) rejected the applicant's appeal.   12.      Before the Commission the applicant complained that the decision of the Building Committee was an interference with his civil rights and since the dispute over the neighbour's building permit could not be examined by a court there had been a violation of Article 6 of the Convention.   He also alleged a violation of Article 13 of the Convention.       PART II   SOLUTION REACHED     13.      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.   14.      Following an exchange of letters between the parties the Agent of the Government, by letter of 27 March 1991, submitted the following agreement which had been reached between the applicant and the Government, and which had been approved by the Government on 14 March 1991.                                "SETTLEMENT     On 7 June 1990 the European Commission of Human Rights decided to declare admissible application No. 12887/87 lodged by Mr.   Hans-Göran Myrdal against Sweden.   The Government and the applicant 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 50.000.   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, 1 March 1991                  Uppsala, 4 March 1991     (signed)                                 (signed)   Carl Henrik Ehrenkrona                   Staffan Myrdal Agent of the Swedish Government          Counsel for the applicant"   15.      The Commission, at its session on 15 April 1991, 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.   16.      For these reasons, the Commission adopted this Report.       Secretary to the Commission              President of the Commission               (H.C. KRÜGER)                            (C.A. NØRGAARD)