Application No. 13347/87
Jan and Elisabeth HUMLEKIL
against
SWEDEN
REPORT OF THE COMMISSION
(adopted on 10 December 1990)
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. 13347/87 introduced
against Sweden by Mr. Jan Humlekil and Mrs. Elisabeth Humlekil on
20 October 1987 under Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms. The application was
registered on 26 October 1987.
The Government of Sweden were represented by their Agent, Carl
Henrik Ehrenkrona, Legal Adviser at the Ministry for Foreign Affairs,
Stockholm.
2. On 7 May 1990 the European Commission of Human Rights declared
the application admissible insofar as it related to the applicants'
complaint that their case before the House and Tenancy Court
(bostadsdomstolen) had not been determined by an "independent and
impartial tribunal" (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 10 December 1990 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
F. ERMACORA
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
A. S. GÖZÜBÜYÜK
A. WEITZEL
J. C. SOYER
H. G. SCHERMERS
H. DANELIUS
Mrs. G. H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
A.V. ALMEIDA RIBEIRO
M.P. PELLONPÄÄ
PART I
STATEMENT OF THE FACTS
4. The applicants are Swedish citizens, born in 1945 and 1948
respectively and resident in Stockholm. Mr. Humlekil is a practising
lawyer and Mrs. Humlekil is a secretary.
5. The applicants have rented a four-roomed flat at Spånga since
1979. The landlord is Aktiebolaget Svenska Bostäder, a limited
liability company, which is connected to the Federation of Public
Utility Housing Companies (Sveriges allmännyttiga bostadsföretag,
SABO). The tenancy agreement contains a negotiation clause
(förhandlingsklausul) to the effect that the tenant undertakes to
accept what has been agreed upon or will be agreed upon between the
company (the landlord) and the Tenants' Union under the applicable
negotiation agreement, notably the level of the rent and other rent
conditions. In accordance with this agreement, the landlord and the
Tenants' Union regularly review the rent for the flats in the house in
which the applicants live. For conducting the negotiations, the
Tenants' Union receives O.3% of the rent from the landlord.
6. In 1979 the landlord and the Tenants' Union of the area of
Metropolitan Stockholm (hyresgästföreningen i Stor-Stockholm) made an
agreement concerning leisure facilities and one concerning the
protection of tenants' interests (boendeinflytande). These agreements
have been replaced by new agreements applicable as from 1 July 1986.
According to the agreements, the Tenants' Union receives from the
company for its activities an amount corresponding to altogether O.9%
of the rent paid during the year for flats covered by the agreements.
7. The applicants gave notice to terminate the tenancy agreement
for the purpose of changing the conditions of the agreement. The
dispute was referred to the Rent Board (hyresnämnden) of the Stockholm
County. The applicants claimed that the negotiation clause should be
removed from the contract and that the rent should be reduced by
altogether 1.05%. On 19 March 1984 the Rent Board rejected the
applicants' claims.
8. The applicants appealed to the House and Tenancy Court
(bostadsdomstolen) and challenged the lay assessors of the Court. The
challenge was rejected by the Court on 16 February 1987. By judgment
of 30 April 1987 the House and Tenancy Court rejected the applicants'
claims. The Court was composed of three professional judges and four
lay assessors. The lay assessors were Mr. B. Claesson, Managing
Director of Aktiebolaget Stockholmshem, a public utility housing
company affiliated to SABO, Mrs. M. Andréasson Frohnert, Head of
Division at SABO, Mrs. S. Johansson, employee of the National Tenants'
Union, and Mrs. E. Kaplan, employee of the Tenants' Union of
Metropolitan Stockholm.
9. Before the Commission, the applicants alleged violations of
inter alia Article 6 para. 1 of the Convention on the ground that the
Rent Board and the House and Tenancy Court cannot be regarded as
independent and impartial tribunals.
PART II
SOLUTION REACHED
10. 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.
11. Following an exchange of letters between the parties and a
proposal by the Commission, the Agent of the Government, by letter of
26 November 1990, submitted the following agreement which had been
reached between the applicants and the Government and which had been
approved by the Government on 22 November 1990.
"SETTLEMENT
On 7 May 1990 the European Commission of Human Rights
decided to declare admissible Application No. 13347/87
lodged by Mr. Jan Humlekil and Mrs. Elisabeth Humlekil
against Sweden.
The Government and Mr. and Mrs. Humlekil 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 16.000.
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, 15 November 1990 Stockholm, 17 November 1990
(signed) (signed)
Carl Henrik Ehrenkrona Jan Humlekil
Agent of the Swedish Government
(signed)
Elisabeth Humlekil"
12. The Commission, at its session on 10 December 1990, 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)
Full & Egal Universal Law Academy