CEDH · CASELAW;REPORTS;ENG — 19 janvier 1994

.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. 14740/89                        Arvid Andersson and 28 Others                                   against                                   Sweden                          REPORT OF THE COMMISSION                        (adopted on 19 January 1994)                              TABLE OF CONTENTS                                                                    Page   INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1   PART I:   STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . . 3   PART II: SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . . 4   APPENDIX:   DECISION ON THE ADMISSIBILITY (WITH ANNEX) . . . . . . . 7                                INTRODUCTION   1.     The present Report relates to the application introduced under Article 25 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by Mr. Arvid Andersson and others against Sweden on 28 February 1988. The application was registered on 7 March 1989 under file No. 14740/89. The Report was drawn up partly in accordance with Article 28 para. 2 and partly in accordance with Article 30 para. 1 (a) of the Convention.         The applicants were represented by Mr. Göran Ravnsborg, an Assistant Professor of Law resident at Lund.         The Government of Sweden were represented by their Agent, Mr. Carl Henrik Ehrenkrona, Ministry for Foreign Affairs, Stockholm.   2.     On 2 December 1992 the Commission (Second Chamber) declared the application partly 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 (Second Chamber) found:        -      that one of the applicants (Lars Olsson - applicant no. 21)            had failed to state whether or not he wished to pursue his            application and, in the affirmative, whether or not he            accepted the proposal for a friendly settlement; and        -      that the remaining applicants and the respondent Government            had reached a friendly settlement of the case.   4.     The Commission noted that, under Article 30 para. 1 of the Convention, it may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue it and where respect for human rights does not require that the Commission continue its examination.   5.     On 19 January 1994 the Commission (Second Chamber) therefore adopted this Report, which, in accordance with Article 28 para. 2 and Article 30 para. 2 of the Convention, is confined to a statement of the facts, the solution reached and, in respect of applicant no. 21, the Commission's decision to strike the application off its list of cases as well as the reasons therefor.         The following members were present when the Report was adopted:         MM. S. TRECHSEL, President           H. DANELIUS           G. JÖRUNDSSON           J.-C. SOYER           H.G. SCHERMERS       Mrs.G.H. THUNE       MM. F. MARTINEZ           L. LOUCAIDES           J.-C. GEUS           M.A. NOWICKI           I. CABRAL BARRETO           J. MUCHA           D. SVÁBY                                   PART I                           STATEMENT OF THE FACTS   6.     The applicants are all Swedish citizens, with the exception of applicant no. 14, who is a citizen of the United Kingdom. The applicants as well as the facts of the case are set out in detail in the Commission's decision of 2 December 1992 as to the admissibility of the application (see the Appendix). The facts may be summarised as follows:   7.     The applicants are, or were, owners or lease-holders of properties in the area of Ljungskile. Applicants nos. 5, 6 and 17 as well as nos. 19 and 20 and nos. 22 and 23, respectively, are joint property owners.   8.     In November 1986 the National Road Administration (Vägverket, hereinafter "the NRA") adopted a road construction plan (vägplan) for the reconstruction of part of the motorway E6 between Stora Höga and Bratteröd/Uddevalla. According to the plan, the motorway was to be re-constructed on a road embankment over the inner part of the bay of Ljungskile.   9.     The decision was appealed against to the Government by a large number of physical and legal persons, including the applicants, who argued, inter alia, that the motorway should have been re-constructed east of Ljungskile. They further objected to the procedure terminating in the adoption of the road construction plan and considered the costs of the proposed reconstruction excessive.   10.    On 3 September 1987 the Government (Ministry of Transport and Communication) rejected the appeals, having found, inter alia, that the road construction plan had been drawn up in accordance with the law.   11.    According to the 1971 Roads Act (väglag 1971:948) a road construction right (vägrätt) arises when the land specified in the road construction plan is being used for road purposes. The right of way authorises the maintainer of the road to determine the use of land needed for the road, notwithstanding the right of any other party with regard to the property. It normally also includes the right to make use of resources that can be extracted from the land.   12.    The Roads Act further prescribes that from the moment a decision to adopt a road construction plan has gained legal force until the construction work is finished, no building may be erected or any other measure be taken within the road area specified in the plan. Such measures, which could obstruct the use of the area for the intended road purposes, may only be taken with the permission of the County Administrative Board (länsstyrelsen).   13.    The applicants complained, inter alia, that they were unable to obtain a court examination of the Government's decision. They invoked Article 6 para. 1 and Article 13 of the Convention.                                   PART II                              SOLUTION REACHED   14.    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.   15.    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.   16.    Proposals for a settlement were made by the respondent Government on 14 January 1993 and by the applicants' representative on 21 January 1993.   17.    On 2 April 1993 the applicants' representative indicated that applicant no. 21 had refused to commission him to enter into friendly settlement negotiations.   18.    On 13 May 1993 the Commission decided to make a further settlement proposal.   19.    On 14 June 1993 the Government stated their willingness to compensate the applicants for non-pecuniary damages in the total amount of 240,000 SEK, to be distributed as follows:         - to applicants Nos. 1-4, 7-16, 18 and 24-29: 10,000 SEK each;         - to applicants Nos. 5-6 and 17: 3,333 SEK each;         - to applicants Nos. 19, 20, 22 and 23: 5,000 SEK each.         The Government further stated that they were prepared to compensate the applicants' legal costs with 20.000 SEK.   20.   On 22 July 1993 the applicants' representative informed the Commission that all the above applicants had accepted the Government's offer.   21.    By a registered letter of 30 September 1993 the Commission requested applicant no. 21 to indicate whether he intended to pursue his application and, in the affirmative, whether or not he accepted the Commission's settlement proposal. No reply was received.   22.    At its session on 19 January 1994, the Commission noted that, except for applicant no. 21, the parties had reached an agreement regarding the terms of a settlement, reading as follows:                                 "SETTLEMENT         On 2 December 1992 the European Commission of Human Rights decided to declare admissible Application No. 14740/89 lodged by Mr. Arvid Andersson and others against Sweden.         The Government and 28 of the 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 the sum of 10.000 SEK to each of:         Mr. Arvid Andersson       Mr. Evert Andersson       Mr. Kjell Berntsson       Mr. Bengt-Åke Emanuelsson       Mr. Göran Hermansson       Ms. Marianne Isaksson       Ms. Lily Jacobsson       Ms. Agnes Johansson       Mr. Gösta Johansson       Mr. Bosse Karlsson       Mr. Kjell Karlsson       Ms. Freda Keillor       Mr. Conny Krantz       Mr. Evert Larsson       Ms. Ann-Margret Massoberg       Ms. Barbro Puumalainen       Mr. Roy Rundlöf       Mr. Gustav Sandberg       Mr. Ingemar Svensson       Mr. Lars Svensson       Mr. Gunnar Torstensson   b)     The Government will pay the sum of 5.000 SEK to each of:         Ms. Adele Olsson       Mr. Gunnar Olsson       Mr. Lars-Eric Persson       Ms. Marianne Persson   c)     The Government will pay the sum of 3.333 SEK to each of:         Ms. Ingegerd Hedborn       Mr. Michael Hedborn       Ms. Lena Lundin   d)     The Government will pay the above applicants' legal costs in the       amount of 20.000 SEK.   e)     The above applicants declare that they have no further claims in       the matter based on the facts dealt with in the above decision       of the Commission of 2 December 1992.                        _________________________         This settlement is dependent upon the formal approval of the       Government.           Stockholm              1993         Lund          1993           Carl Henrik Ehrenkrona             Göran Ravnsborg         Agent of the Swedish               Counsel for the         Government                         applicants"   23.      On 22 December 1993 the Government informed the Commission that the above agreement had been confirmed by the Cabinet on 25 November 1993.   24.      Having regard to Article 28 para. 1 (b) of the Convention, the Commission considered that the friendly settlement reached between the 28 applicants and the Government had been secured on the basis of respect for Human Rights as defined in the Convention.   25.      In the absence of any reply from applicant no. 21 the Commission further concluded, on the basis of Article 30 para. 1 (a) of the Convention, that he no longer intends to pursue his application. It further found that respect for human rights, as defined in the Convention, did not require the continuation of the examination of his complaint.   26.      For these reasons, the Commission, unanimously,           DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES INSOFAR         AS LODGED BY LARS OLSSON (APPLICANT NO. 21) AND, IN THIS         RESPECT, TO ADOPT THE PRESENT REPORT IN ACCORDANCE WITH         ARTICLE 30 PARA. 2 OF THE CONVENTION;           DECIDES, AS FAR AS THE REMAINING APPLICANTS ARE CONCERNED, TO         ADOPT THE PRESENT REPORT IN ACCORDANCE WITH ARTICLE 28 PARA. 2         OF THE CONVENTION; and           DECIDES TO SEND THE REPORT TO THE COMMITTEE OF MINISTERS for         information, to send it also to the parties and to publish it.   Secretary to the Second Chamber        President of the Second Chamber           (K. ROGGE)                              (S. TRECHSEL)                                    ANNEX   The applicants are:   1.       Mr. Arvid Andersson, born in 1914 and resident at Ljungskile;   2.       Mr. Evert Andersson, a farmer born in 1934 and resident at         Ödsmål;   3.       Mr. Kjell Berntsson, a carpenter born in 1947 and resident at         Ödsmål;   4.       Mr. Bengt-Åke Emanuelsson, born in 1943 and resident at         Ljungskile;   5.       Ms. Ingegerd Hedborn, born in 1923 and resident at Ljungskile;   6.       Mr. Michael Hedborn, born in 1955 and resident at Ljungskile;   7.       Mr. Göran Hermansson, a farmer born in 1932 and resident at         Ödsmål;   8.       Ms. Marianne Isaksson, born in 1945 and resident at Svenshögen;   9.       Ms. Lily Jacobsson, a cook born in 1933 and resident at Ödsmål;   10.      Ms. Agnes Johansson, born in 1901 and resident at Ljungskile;   11.      Mr. Gösta Johansson, a crane operator born in 1937 and resident         at Svenshögen;   12.      Mr. Bosse Karlsson, a manager born in 1951 and resident at         Svenshögen;   13.      Mr. Kjell Karlsson, a farmer born in 1953 and resident at         Ljungskile;   14.      Ms. Freda Keillor, a saleswoman born in 1942 and resident at         Ljungskile;   15.      Mr. Conny Krantz, an engineer born in 1951 and resident at         Ödsmål;   16.      Mr. Evert Larsson, a director born in 1931 and resident at         Ljungskile;   17.      Ms. Lena Lundin, born in 1961 and resident at Ljungskile;   18.      Ms. Ann-Margret Massoberg, a teacher born in 1935 and resident         at Ljungskile;   19.      Ms. Adele Olsson, a clerk born in 1926 and resident at         Stenungsund;   20.      Mr. Gunnar Olsson, a farmer born in 1929 and resident at         Stenungsund;   21.      Mr. Lars Olsson, a farmer born in 1954 and resident at         Ljungskile;   22.      Mr. Lars-Eric Persson, a police inspector born in 1939 and         resident at Ljungskile;   23.      Ms. Marianne Persson, a housewife born in 1939 and resident at         Ljungskile;   24.      Ms. Barbro Puumalainen, a child care-taker resident at Ödsmål;   25.      Mr. Roy Rundlöf, a port dealer born in 1949 and resident at         Svenshögen;   26.      Mr. Gustav Sandberg, born in 1911 and resident at Svenshögen;   27.      Mr. Ingemar Svensson, a farmer born in 1943 and resident at         Stenungsund;   28.      Mr. Lars Svensson, a farmer born in 1934 and resident at         Ödsmål; and   29.      Mr. Gunnar Torstensson, a manager born in 1935 and resident at         Trollhättan.