CEDH · CASELAW;REPORTS;ENG — 3 décembre 1996

.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. 24483/94                           Fred Söderström                               against                                 Sweden                      REPORT OF THE COMMISSION                    (adopted on 3 December 1996)                          TABLE OF CONTENTS                                                             Page   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 Fred Söderström against Sweden on 7 March 1994.   It was registered on 28 June 1994 under file No. 24483/94.        The Government of Sweden were represented by their Agent, Mr. Carl Henrik Ehrenkrona.   2.    On 28 February 1996 the Commission (Second Chamber) declared admissible the complaint under Article 6 of the Convention concerning the length of proceedings relating to property rights.   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 the parties had reached a friendly settlement of the case and on 3 December 1996 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:             Mrs. G.H. THUNE, President           MM.   J.-C. GEUS                G. JÖRUNDSSON                A. GÖZÜBÜYÜK                J.-C. SOYER                H. DANELIUS                F. MARTINEZ                M.A. NOWICKI                I. CABRAL BARRETO                J. MUCHA                D. SVÁBY                P. LORENZEN                E. BIELIUNAS                E.A. ALKEMA                               PART I                       STATEMENT OF THE FACTS   4.    The applicant is a Swedish citizen, born in 1929 and resident at Lindesberg.   5.    On 14 May 1986 the applicant instituted proceedings before the County Administrative Board (länsstyrelsen), claiming a hereditary tenancy right (åborätt) to a piece of property in Lindesberg.   After having conducted an extensive investigation of the matter, the Board rejected the applicant's claim by decision of 19 March 1990.   The applicant appealed to the National Judicial Board for Public Lands and Funds (Kammarkollegiet), which upheld the County Administrative Board's decision on 19 December 1991.   The applicant's further appeal was rejected by the Supreme Administrative Court (Regeringsrätten) on 1 June 1994.   6.    Before the Commission the applicant complained under Article 6 of the Convention that the case was not determined within a reasonable time.                               PART II                          SOLUTION REACHED   7.    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.   8.    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.   9.    The parties indicated their willingness to reach a friendly settlement and the respondent Government made proposals on 17 April 1996.   Following an exchange of letters between the Commission and the parties, the Government, by letter of 11 September 1996, informed the Commission that the parties had reached a friendly settlement on the following terms:   (Translation)        "1. The Government will pay compensation of 35,000 Swedish      crowns, all included, to [the applicant].        2. [The applicant] declares that he has no further claims based      on the facts to which his complaints to the Commission refer.        The validity of this friendly settlement ... is dependent on the      approval of the Government."        The settlement, which had been signed by the Agent of the Government on 13 August 1996 and by the applicant on 15 August 1996, was approved by the Government by decision of 29 August 1996. The compensation amount was paid to the applicant on 5 September 1996.   10.   At its session on 3 December 1996, the Commission (Second Chamber) 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.   11.   For these reasons, the Commission adopted the present Report.           M.-T. SCHOEPFER                         G.H. THUNE            Secretary                             President       to the Second Chamber                of the Second Chamber