EUROPEAN COMMISSION OF HUMAN RIGHTS
SECOND CHAMBER
Application No. 13247/87
Hans JÄDERGÅRD and Others
against
SWEDEN
REPORT OF THE COMMISSION
(adopted on 1 July 1992)
TABLE OF CONTENTS
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 Hans Jädergård and Others against
Sweden on 1 December 1986. It was registered on 29 September 1987 under
file No. 13247/87.
The Government of Sweden were represented by their Agent,
Mr. Carl Henrik Ehrenkrona, Ministry for Foreign Affairs, Stockholm.
2. On 8 July 1991 the Commission (Second Chamber) declared
admissible the complaint under Article 6 para. 1 of the Convention as
lodged by Mr. Jädergård and six other applicants. The remainder of the
application was declared inadmissible. It then proceeded to carry out
its tasks 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 1 July 1992 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:
MM. S. TRECHSEL, President of the Second Chamber
G. JÖRUNDSSON
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs. G.H. THUNE
MM. F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
PART I
STATEMENT OF THE FACTS
4. The seven applicants, whose complaints were declared admissible,
are Mr. Hans Jädergård, Mr. Conny Bennerson, Mr. Berndt Franking,
Mrs. Alice Widell, Mr. Lars Horney, Mr. Åke Åsberg and Mr. Åke Nyberg.
They are all Swedish citizens.
5. On 30 August 1984 the municipal assembly (kommunfullmäktige) of
Tyresö adopted new regulations in the building plan for the area of
Dyviksudde, with the effect that the applicants' building rights were
reduced.
6. On 21 February 1985 the regulations were confirmed by the County
Administrative Board (länsstyrelsen) of the County of Stockholm.
7. On 5 June 1986 the Government rejected the applicants' appeals.
8. Before the Commission the applicants complained, inter alia, that
they could not obtain a court examination of the lawfulness of the
County Administrative Board's decision. They invoked, in this respect,
Article 6 para. 1 of the Convention.
PART II
SOLUTION REACHED
9. Following the 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.
10. 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.
11. By letter of 15 May 1992 the Agent of the Government submitted
the following agreement reached between the applicant and the
Government in April 1992:
"SETTLEMENT
On 8 July 1991 the European Commission of Human Rights decided
to declare admissible application No. 13247/87 lodged by
Mr. Hans Jädergård and others against Sweden. The application was
declared admissible only in as far as it related to complaints
lodged by Mr. Hans Jädergård, Mr. Conny Bennerson,
Mr. Berndt Franking, Mrs. Alice Widell, Mr. Lars Horney,
Mr. Åke Åsberg and Mr. Åke Nyberg.
The Government and the above 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 to each of the above applicants the
sum of SEK 10 000.
b) The Government will pay the applicants' costs in the amount
of SEK 10 000 in all.
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, 30 March 1992 Stockholm, April 1992
(signed) (signed)
Carl Henrik Ehrenkrona Hans Jädergård
Agent of the Swedish As applicant and repre-
Government sentative of the above
mentioned six applicants"
12. On 7 May 1992 the above agreement was approved by the Government.
13. At its session on 1 July 1992, the Commission 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.
14. For these reasons, the Commission adopted this Report.
Secretary to the Second Chamber President of the Second Chamber
(K. ROGGE) (S. TRECHSEL)
Full & Egal Universal Law Academy