CEDH · CASELAW;REPORTS;ENG — 4 juillet 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. 11899/85       WASAGRILLEN, Knut NYLUND AB     against   SWEDEN   REPORT OF THE COMMISSION   (adopted on 4 July 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. 11899/85 introduced against Sweden by Wasagrillen, Knut Nylund AB on 13 August 1984 under Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms.   The application was registered on 9 December 1985.   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 company was represented by Mr.   Göran Ravnsborg, university lecturer at Lund.   4.       On 13 July 1990 the European Commission of Human Rights declared admissible the complaints under Articles 6 and 13 of the Convention*.   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 4 July 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.   _________________ *        This decision is public and can be obtained from the Secretary to the Commission. _______________   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                   E. BUSUTTIL                   G. JÖRUNDSSON                   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 limited liability company whose headquarters is at Mora.   The company is managed by Mr.   Knut Nylund.   8.       The applicant company has run a restaurant business since 1971.   In 1975 it obtained a licence to serve wine and beer in respect of one part of its business, and in 1977 it obtained a full licence to serve alcoholic beverages.   9.       On 22 February 1984 the County Administrative Board (länsstyrelsen) of the County of Kopparberg revoked the licence to serve alcoholic beverages in accordance with Section 64 of the Act on Trading in Beverages (lagen om handel med drycker).   The applicant company later asked for a new licence to serve alcoholic beverages but on 21 May 1984 the County Administrative Board refused to grant a licence stating that it did not consider that the company fulfilled the requirement of suitability in Section 40 of the Act on Trading in Beverages.   10.      The applicant company appealed against the above two decisions to the National Board of Health and Social Welfare (socialstyrelsen) which, however, rejected the appeals on 28 June 1984.   This decision was not subject to appeal.   11.      On 16 November 1984 the County Administrative Board rejected a further request from the applicant company for a licence to serve alcoholic beverages.   The applicant company appealed against this decision to the National Board of Health and Social Welfare, which on 12 December 1984 granted the appeal and quashed the decision of the County Administrative Board.   On 14 December 1984 the applicant company was granted a new licence to serve alcoholic beverages.   12.      Before the Commission the applicant company complained that the withdrawal of the licence to serve alcoholic beverages from 22 February to 12 December 1984 was an interference with its civil rights which could not be examined by a court.   It invoked Articles 6 and 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 11 June 1991, submitted the following agreement which had been reached between the applicant company and the Government, and which had been approved by the Government on 30 May 1991.                                "SETTLEMENT     On 13 July 1990 the European Commission of Human Rights decided to declare admissible application No. 11899/85 lodged by Wasagrillen, Knut Nylund AB 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 15.000 to         the applicant.   b)       The Government will pay the applicant's legal costs         in the amount of SEK 21.000.   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 2 May 1991                     Stockholm    May 1991     (signed)                                 (signed)   Carl Henrik Ehrenkrona                   Göran Ravnsborg Agent of the Swedish Government          Counsel for the applicant"   15.      The Commission, at its session on 4 July 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)