CEDH · PRESS;GENERAL;ENG — 1 juillet 2003

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .sBF401EEE { width:32.35pt; text-indent:0pt; display:inline-block } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s3133A7C8 { font-family:Arial; color:#0069d6 }   EUROPEAN COURT OF HUMAN RIGHTS     360   1.7.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASE OF BÄCK v. FINLAND   Tuesday 1 July 2003 at 9.30 a.m.   The applicant   The case concerns an application (no. 37598/97) brought by a Finnish national, Tomas Bäck, who was born in 1957 and lives in Karperö (Finland).   Summary of the facts   In 1988 and 1989 Mr Bäck and another person agreed to guarantee a bank loan granted to N. As N. was unable to repay the loan, the applicant and his co-guarantor each paid the bank about 19,000 euros (EUR).   In 1995 N. applied for an adjustment of the debt under the 1993 Act on the Adjustment of the Debts of Private Individuals and proposed a repayment schedule for the court’s approval. Mr   Bäck opposed the request on the ground that it might deprive him of his claim against N. In the alternative, Mr Bäck requested that the adjustment of N.’s debts be postponed. In 1996, after N. had found employment, the District Court granted the application and adopted a repayment schedule which took into account the significant decrease in N’s resources on account of his previous unemployment and unsuccessful business activities. The applicant’s claim against N. was reduced to about EUR   360.   In his appeal Mr Bäck contended that the almost complete extinction of his claim against N. violated his property rights under the European Convention on Human Rights, but the Court of Appeal upheld the District Court’s decision. Mr Bäck was refused leave to appeal to the Supreme Court.   Complaint   Mr Bäck complains, under Article 1 of Protocol No. 1 (protection of property) to the Convention, that the adjustment of N.’s debt deprived him of his property without compensation and that it did not serve a legitimate aim in the general interest.   In March 2003, under Article 36 § 2 of the Convention and Rule 61 § 3 [1] of the Rules of Court, the Governments of the Netherlands, Norway, Sweden and the United Kingdom applied to take part in the proceedings as third parties, mainly because the Court’s judgment could have important consequences for their respective systems of debt adjustment. Leave was granted in April 2003.   Procedure   The application was lodged with the European Commission of Human Rights on 10 July 1997 and transmitted to the Court on 1 November 1998. It was declared partly admissible on 22 October 2002.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Nicolas Bratza (British), President , Matti Pellonpää (Finnish), Viera Strážnická (Slovakian) , Marc Fischbach (Luxemburger), Rait Maruste (Estonian) , Stanislav Pavlovschi (Moldovan), Javier Borrego Borrego (Spanish), judges , Lech Garlicki (Polish) , substitute judge , and also Françoise Elens-Passos , Deputy Section Registrar .   Representatives of the parties   Government:   Arto Kosonen , Agent , Jussi Heiskanen , Counsel ;   Applicant:   Christian Näsman , Counsel .   Tomas Bäck will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Joanna Reynell (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court. [1] .   Under Article 36 § 2 of the European Convention on Human Rights, the President of the Court may, in the interest of the proper administration of justice, invite any High Contracting Party which is not a party to the proceedings or any person concerned who is not the applicant to submit written comments or take part in hearings. Under Rule 61 § 3 of the Rules of Court, in accordance with Article 36 § 2 of the Convention, the President of the Chamber may, in the interests of the proper administration of justice, invite or grant leave to any Contracting State which is not a party to the proceedings, or any person concerned who is not the applicant, to submit written comments or, in exceptional cases, to take part in a hearing. Requests for leave for this purpose must be duly reasoned and submitted in one of the official languages, within a reasonable time after the fixing of the written procedure.