CEDH · CASELAW;REPORTS;ENG — 30 juin 1993

.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. 14006/88                              Barbro Johansson                                   against                                   Sweden                          REPORT OF THE COMMISSION                          (adopted on 30 June 1993)                              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 Mrs. Barbro Johansson against Sweden on 5 March 1988. It was registered on 8 July 1988 under file No. 14006/88.         The applicant 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, Ministry for Foreign Affairs, Stockholm.   2.     On 30 November 1992 the Commission declared admissible the applicant's complaint relating to the absence of a court remedy against the refusal to grant her a retention permit. The remainder of the application was declared inadmissible and the case referred to the Second Chamber. The Commission (Second Chamber) 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 30 June 1993 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                  M.A. NOWICKI                  I. CABRAL BARRETO                                   PART I                           STATEMENT OF THE FACTS   4.     The applicant is a Swedish citizen born in 1932 and resident at Mörlunda. She is a nurse by profession.   5.     In 1984 the applicant bought an agricultural property at a compulsory auction.   6.     On 3 February 1987 the County Agricultural Board (lantbruks- nämnden) of the County of Jönköping rejected the applicant's request under the 1979 Land Acquisition Act (jordförvärvslag 1979:230) for permission to retain the property.   7.     On 20 May 1987 the National Board of Agriculture (lantbruks- styrelsen) rejected the applicant's appeal.   8.     On 10 September 1987 the Government rejected the applicant's further appeal.   9.     Before the Commission the applicant complained, inter alia, that she had no court remedy against the refusal to grant her permission to retain her property. She invoked Article 6 para. 1 and Article 13 of the Convention.                                   PART II                              SOLUTION REACHED   10.    Following the decision on the admissibility of the application, the Commission (Second Chamber) 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 Chamber Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.   12.    Following an exchange of letters between the parties the Agent of the Government, by letter of 4 May 1993, submitted the following agreement reached between the applicant and the Government:                              "SETTLEMENT         On 30 November 1992 the European Commission of Human Rights       decided to declare admissible Application No. 14006/88 lodged by       Mrs. Barbro Johansson against Sweden.         The Government and Mrs. Johansson 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 35,000.         c.    Mrs. Johansson declares that she has no further claims in       the matter based on the facts dealt with in the above decision       of the Commission of 30 November 1992.         This settlement is dependent upon the formal approval of the       Government.         Stockholm, 29 March 1993                  Lund, 31 March 1993                 (signed)                             (signed)         Carl Henrik Ehrenkrona                    Göran Ravnsborg       Agent of the Swedish                      Counsel for the       Government                                applicant"   13.    On 15 April 1993 the above agreement was formally approved by the Government.   14.    At its session on 30 June 1993, 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.   15.    For these reasons, the Commission adopted this Report.   Secretary to the Second Chamber        President of the Second Chamber             (K. ROGGE)                             (S. TRECHSEL)