CEDH · CASELAW;REPORTS;ENG — 8 janvier 1991

.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. 12836/87       Åke LINDÉN and Konsumentfinans Karlsson & Lindén Aktiebolag   against   SWEDEN                   REPORT OF THE COMMISSION   (adopted on 8 January 1991)   12836/87   - i -           TABLE OF CONTENTS                 INTRODUCTION .............................................    1     PART I:   STATEMENT OF THE FACTS ..........................    3     PART II: SOLUTION REACHED ................................    4   INTRODUCTION     1.       This Report relates to Application No. 12836/87 introduced against Sweden by Mr. Åke Lindén and Konsumentfinans Karlsson & Lindén Aktiebolag on 22 August 1986 under Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms.   The application was registered on 3 April 1987.           The Government of Sweden were represented by their Agent, Mr. Carl Henrik Ehrenkrona, Legal Adviser at the Ministry for Foreign Affairs, Stockholm.           The applicants were represented by Mr.   Jan Axelsson, a lawyer practising in Stockholm.   2.       On 1 October 1990 the European Commission of Human Rights declared the application admissible insofar as it related to the applicants' complaint of absence of a court determination (Article 6 para. 1 of the Convention).   The remainder of the application was declared inadmissible.   The Commission 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 found that the parties had reached a friendly settlement of the case and on 8 January 1991 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 of the Commission were present when the Report was adopted:                MM.   C. A. NØRGAARD, President                   S. TRECHSEL                   E. BUSUTTIL                   G. JÖRUNDSSON                   A. S. GÖZÜBÜYÜK                   A. WEITZEL                   J. C. SOYER                   H. DANELIUS              Sir   Basil HALL              Mr.   F. MARTINEZ              Mrs.   J. LIDDY              MM.   J.-C. GEUS                   A.V. ALMEIDA RIBEIRO                   M.P. PELLONPÄÄ   PART I   STATEMENT OF THE FACTS       4.       The first applicant, Mr. Åke Lindén, is a Swedish citizen, born in 1945 and resident in Södertälje.   He is the joint owner and director of the second applicant, Konsumentfinans Karlsson & Lindén AB, a limited liability company incorporated in Sweden.   5.       The applicants are owners of residential property in Södertälje.   6.       On 21 September 1981, the Municipal Council (kommun- fullmäktige) of Södertälje decided as a preliminary measure, pursuant to the provisions of the Tenement Assignment Act (bostadsanvisnings- lagen), to declare the whole of central and urban Södertälje a tenement assignment area within the meaning of that Act.   On 2 April 1984 the Municipal Executive Board (kommunstyrelsen) decided, pursuant to Sections 1 and 2 of the Tenement Assignment Act, to declare those residential areas which corresponded to four parishes in Södertälje, with the exception of two districts, to be a tenement assignment area.   7.       Under the provisions of the Act, a Municipal Executive Board is empowered, if it is required for the supply of dwellings within the municipality, to declare one or several of its residential areas to be tenement assignment areas and to order that the provisions of the Act should apply to all or certain tenement rentals in those areas. Landlords who wish to make vacant flats available for rent are thereby required to report all vacancies to the municipality which may then assign the tenement to a new tenant.   A landlord may refuse to accept the tenant assigned to him, but he is obliged to let the tenement to the municipality if it so requests.   The municipality may in turn sub-let to any person irrespective of any objection on the part of the landlord.   Furthermore, the law on tenancy enables the municipality, with permission from the Rent Board (hyresnämnden), to transfer the tenement to the sub-tenant.   8.       The second applicant, together with several other property owners, appealed to the County Administrative Board (länsstyrelsen) of the Stockholm County.   On 27 March 1985 the County Administrative Board found that the conditions for a tenement assignment area under the Tenement Assignment Act were fulfilled, but decided that houses with less than six flats should be exempted.   9.       On 25 February 1986, the first applicant bought a number of residential properties which, as a result of the above decisions, were subject to the provisions of the Tenement Assignment Act.   10.       On 13 March 1986, the Government rejected an appeal against the decision of the County Administrative Board which had been brought, inter alia, by the second applicant.   11.      Before the Commission the applicants complained that they could not have the decision, which made their properties part of a tenement assignment area, examined by a court, contrary to Article 6 para. 1 of the Convention.   PART II   SOLUTION REACHED     12.      Following its decision on the admissibility of the application, the Commission 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.   13.      Following an exchange of letters between the parties the Agent of the Government, by letter of 6 December 1990, submitted the following agreement which had been reached between the applicants and the Government, and which had been approved by the Government on 29 November 1990.                                "SETTLEMENT     On 1 October 1990 the European Commission of Human Rights decided to declare admissible application No. 12836/87 lodged by Mr. Åke Lindén and Konsumentfinans Karlsson & Lindén AB against Sweden.   The Government and 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 SEK 10.000 to each of the applicants.   b)       The Government will pay the applicants' legal costs in the amount of SEK 34.000.   c)       The applicants declare that they have no further claims in the matter.       This settlement is dependent upon the formal approval of the Government.     Stockholm, 19 November 1990              Stockholm, 20 November 1990     (signed)                                 (signed)   Carl Henrik Ehrenkrona                   Jan Axelsson Agent of the Swedish Government          Counsel for the applicants"       12.      The Commission, at its session on 8 January 1991, noted that the parties had reached an agreement regarding the terms of a settlement.   The Commission further found, having regard to Article 28 para. 1 (b) of the Convention, that the friendly settlement had been secured on the basis of respect for Human Rights as defined in the Convention.   13.      For these reasons, the Commission adopted this Report.       Secretary to the Commission              President of the Commission               (H.C. KRÜGER)                            (C.A. NØRGAARD)