CEDH · CASELAW;REPORTS;ENG — 1 juillet 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 }                        EUROPEAN COMMISSION OF HUMAN RIGHTS                               SECOND CHAMBER                          Application No. 13247/87                          Hans JÄDERGÅRD and Others                                   against                                   SWEDEN                          REPORT OF THE COMMISSION                          (adopted on 1 July 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 Hans Jädergård and Others against Sweden on 1 December 1986. It was registered on 29 September 1987 under file No. 13247/87.         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 admissible the complaint under Article 6 para. 1 of the Convention as lodged by Mr. Jädergård and six other applicants. The remainder of the application was declared inadmissible. It then proceeded to carry out its tasks 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 July 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                                   PART I                           STATEMENT OF THE FACTS   4.     The seven applicants, whose complaints were declared admissible, are Mr. Hans Jädergård, Mr. Conny Bennerson, Mr. Berndt Franking, Mrs. Alice Widell, Mr. Lars Horney, Mr. Åke Åsberg and Mr. Åke Nyberg. They are all Swedish citizens.   5.     On 30 August 1984 the municipal assembly (kommunfullmäktige) of Tyresö adopted new regulations in the building plan for the area of Dyviksudde, with the effect that the applicants' building rights were reduced.   6.     On 21 February 1985 the regulations were confirmed by the County Administrative Board (länsstyrelsen) of the County of Stockholm.   7.     On 5 June 1986 the Government rejected the applicants' appeals.   8.     Before the Commission the applicants complained, inter alia, that they could not obtain a court examination of the lawfulness of the County Administrative Board's decision. They invoked, in this respect, 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 15 May 1992 the Agent of the Government submitted the following agreement reached between the applicant and the Government in April 1992:                              "SETTLEMENT         On 8 July 1991 the European Commission of Human Rights decided       to declare admissible application No. 13247/87 lodged by       Mr. Hans Jädergård and others against Sweden. The application was       declared admissible only in as far as it related to complaints       lodged by Mr. Hans Jädergård, Mr. Conny Bennerson,       Mr. Berndt Franking, Mrs. Alice Widell, Mr. Lars Horney,       Mr. Åke Åsberg and Mr. Åke Nyberg.         The Government and the above applicants 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 to each of the above applicants the            sum of SEK 10 000.         b)    The Government will pay the applicants' costs in the amount            of SEK 10 000 in all.         c)    The applicants declare that they have no further claims in            the matter.         This settlement is dependent upon the formal approval of the       Government.         Stockholm, 30 March 1992             Stockholm,    April 1992                 (signed)                             (signed)         Carl Henrik Ehrenkrona               Hans Jädergård       Agent of the Swedish                 As applicant and repre-       Government                           sentative of the above                                           mentioned six applicants"   12.    On 7 May 1992 the above agreement was approved by the Government.   13.    At its session on 1 July 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)