CEDH · CASELAW;REPORTS;ENG — 14 octobre 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 }  EUROPEAN COMMISSION OF HUMAN RIGHTS   FIRST CHAMBER   Application No. 14097/88   ITALINVEST AKTIEBOLAG   against   SWEDEN   REPORT OF THE COMMISSION   (adopted on 14 October 1991)   TABLE OF CONTENTS   INTRODUCTION .............................................    1     PART I:   STATEMENT OF THE FACTS ..........................    3     PART II: SOLUTION REACHED ................................    4   INTRODUCTION     1.       This Report relates to the application introduced under Article 25 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by Italinvest Aktiebolag against Sweden on 3 June 1988.   It was registered on 5 August 1988 under file No. 14097/88.           The applicant company was represented by Mr.   Göran Ravnsborg, lecturer at the University of Lund.           The Government of Sweden were represented by their Agent, Mr.   Carl Henrik Ehrenkrona, Under-Secretary for Legal and Consular Affairs at the Ministry for Foreign Affairs, Stockholm.   2.       On 8 January 1991 the Commission, having consulted the parties, decided to refer the application to the First Chamber.   3.       On 6 March 1991 the Commission declared the application admissible insofar as it related to the absence of a right to a court review of the withdrawal of a licence to serve alcoholic beverages granted to Giallo Aktiebolag, a subsidiary to the applicant company*.   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."   4.       The Commission (First Chamber) found that the parties had reached a friendly settlement of the case and on 14 October 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 may be obtained from the Secretary     to the Commission. ----------           The following members were present when the Report was adopted:                MM.   J. A. FROWEIN, President of the First Chamber                   F. ERMACORA                   E. BUSUTTIL                   A. S. GÖZÜBÜYÜK                   J. C. SOYER                   H. DANELIUS              MM.   C.L. ROZAKIS                   L. LOUCAIDES                   A.V. ALMEIDA RIBEIRO                   B. MARXER   PART I   STATEMENT OF THE FACTS       5.       The applicant is a limited liability company with its seat in Lund.   It owns all shares of another limited liability company named Giallo Aktiebolag (hereinafter "Giallo").   6.       In December 1985 Giallo was granted a licence to serve alcoholic beverages in its restaurant.   In April and November 1986 the licence was renewed, the latest licence being valid until further notice.   7.       In October 1987 the County Administrative Board (läns- styrelsen) of the County of Malmöhus withdrew the licence in application of the 1977 Act on the Sale of Beverages (lagen on handel med drycker), as the restaurant did not satisfy the condition of a restaurant within the meaning of that Act and as it had failed seriously in the social responsibility imposed on it.   8.       In December 1987 Giallo's appeal to the National Board of Health and Social Welfare (socialstyrelsen) was rejected.   This decision was not subject to any further appeal.   9.       Before the Commission the applicant company complained that it could not obtain a court review of the withdrawal of Giallo's licence to serve alcoholic beverages; that the withdrawal was intended to serve as a punishment against "certain inconveniences alleged by the bureaucracy in the past"; and that the withdrawal violated its right to the peaceful enjoyment of its possessions.   It invoked Article 6 paras. 1 and 2 and Article 14 of the Convention as well as Article 1 of Protocol No. 1 to the Convention.   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.      In accordance with the usual practice, the Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.   12.      By letter of 23 August 1991 the Agent of the Government submitted the following agreement reached between the applicant company and the Government on 26 July 1991 and approved by the Government on 8 August 1991:                                "SETTLEMENT     On 6 March 1991 the European Commission of Human Rights decided to declare admissible application No. 14097/88 lodged by Italinvest 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 10.000 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, 5 June 1991                   Stockholm, 26 July 1991     (signed)                                 (signed)   Carl Henrik Ehrenkrona                   Göran Ravnsborg Agent of the Swedish                     Counsel for the Government                               applicant"       13.      At its session on 14 October 1991, the Commission noted that the parties had reached an agreement regarding the terms of a settlement.   It further considered, having regard to Article 28 para. 1 (b) of the Convention, that the friendly settlement of the case had been secured on the basis of respect for Human Rights as defined in the Convention.   14.      For these reasons, the Commission adopted this Report.       Secretary to the First Chamber        President of the First Chamber                 (M. de SALVIA)                          (J.A. FROWEIN)