CEDH · CASELAW;REPORTS;ENG — 1 avril 1992

.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 } .s76CF415B { page-break-before:always; clear:both }                    EUROPEAN COMMISSION OF HUMAN RIGHTS                               SECOND CHAMBER                          Application No. 13913/88                              Karl-Erik TÖRNLÖF                                   against                                     SWEDEN                            REPORT OF THE COMMISSION                          (adopted on 1 April 1992)                                TABLE OF CONTENTS     INTRODUCTION .............................................    1     PART I:   STATEMENT OF THE FACTS ..........................    2     PART II: SOLUTION REACHED ................................    3                                  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 Karl-Erik Törnlöf against Sweden on 21 March 1988. It was registered on 3 June 1988 under file No. 13913/88.         The Government of Sweden were represented by their Agent, Mr. Carl Henrik Ehrenkrona, Ministry for Foreign Affairs, Stockholm.   2.     On 8 July 1991 the Commission (Second Chamber) declared the application admissible. It 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 1 April 1992 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 were present when the Report was adopted:                    MM.   S. TRECHSEL, President of the Second Chamber                       G. JÖRUNDSSON                       A. WEITZEL                       J.-C. SOYER                       H.G. SCHERMERS                       H. DANELIUS                  Mrs. G.H. THUNE                  MM.   F. MARTINEZ                       L. LOUCAIDES                       J.-C. GEUS                       A.V. ALMEIDA RIBEIRO                                   PART I                           STATEMENT OF THE FACTS     4.     The applicant is a Swedish citizen born in 1927 and resident at Saltsjö-Boo.   5.     On 14 May 1986 the Building Committee (byggnadsnämnden) of the municipality of Nacka rejected the applicant's request for a building permit by way of exemption from the building prohibition affecting his property.   6.     On 30 June 1987 the County Administrative Board (länsstyrelsen) of the County of Stockholm rejected the applicant's appeal.   7.     On 8 October 1987 the Government rejected the applicant's further appeal.   8.     Before the Commission the applicant complained that he did not have a fair and impartial hearing by a court, invoking Article 6 para. 1 of the Convention.                                 PART II                              SOLUTION REACHED   9.     Following the 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.   10.    In accordance with the usual practice, the Chamber Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.   11.    By letter of 11 February 1992 the Agent of the Government submitted the following agreement reached between the applicant and the Government in January 1992:                              "SETTLEMENT           On 8 July 1991 the European Commission of Human Rights decided       to declare admissible application No. 13913/88 lodged by       Mr. Karl-Erik Törnlöf 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 costs in the amount            of SEK 5 000.         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, 8 January 1992            Stockholm,    January 1992                 (signed)                             (signed)         Carl Henrik Ehrenkrona               Karl-Erik Törnlöf       Agent of the Swedish       Government"   12.    On 23 January 1992 the agreement was approved by the Government. 13.    At its session on 1 April 1992, 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 Second Chamber        President of the Second Chamber                     (K. ROGGE)                             (S. TRECHSEL)