CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 12 mars 1990

.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 }                        Application No. 12469/86                       by Harald ÖSTERBERG                       against Sweden             The European Commission of Human Rights sitting in private on 12 March 1990, the following members being present:                 MM. C.A. NØRGAARD, President                   S. TRECHSEL                   F. ERMACORA                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS                   G. BATLINER                   J. CAMPINOS              Mrs.   G.H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY              Mr.   L. LOUCAIDES                Mr.   H.C. KRÜGER, Secretary to the Commission           Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;           Having regard to the application introduced on 31 October 1985 by Harald Österberg against Sweden and registered on 15 October 1986 under file No. 12469/86;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   THE FACTS           The facts of the case, as they appear from the applicant's submissions, may be summarised as follows:           The applicant is a Swedish citizen born in 1922 and a resident of Möja.   He is a fisherman by profession.   Before the Commission the applicant is represented by Mr. Jan Axelsson, a lawyer practising in Stockholm.           The applicant owns property which includes fishing waters in the Baltic Sea.   As from 1 May 1985 he was deprived of his exclusive right to fish in his waters as a result of new legislation which was passed by Parliament.   Pursuant to this legislation, everyone has the right to fish with hand-held equipment in the applicant's waters.   COMPLAINTS   1.       The applicant alleged a violation of Article 1 of Protocol No. 1 to the Convention on the ground that he had been deprived of his exclusive right to fish in his waters.   2.       The applicant also alleged a violation of Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1 as a result of the discriminatory rules on compensation.   3.       The applicant alleged a breach of Article 6 of the Convention since he had no possibility of submitting his claims in relation to the alleged unlawful interference with his civil rights to a tribunal meeting the requirements of the Convention.   4.       The applicant finally alleged a violation of Article 13 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 31 October 1985 and registered on 15 October 1986.           On 6 October 1987 the Commission decided that notice of the application should be given to the respondent Government, but that the further examination of the application should be adjourned pending the outcome of Applications Nos. 11763/85-11767/85, 11830/85 and 12091/86, Banér and others v.   Sweden.           On 9 March 1989 the Commission declared the last mentioned applications inadmissible.           On 16 January 1990 the applicant informed the Commission that he wished to withdraw the application.   REASONS FOR THE DECISION           The Commission finds that the applicant does not intend to pursue his application before the Commission within the meaning of Article 30 para. 1 (a) of the Convention.           It further considers that respect for Human Rights as defined in the Convention does not require that the Commission continue its examination of the application.           It follows that the application shall be struck off the list of cases pursuant to Article 30 para. 1 of the Convention.           For these reasons, the Commission           DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES       Secretary to the Commission                President of the Commission            (H.C. KRÜGER)                              (C.A. NØRGAARD)