LINDÉN ; KONSUMENTFINANS KARLSSON AND LINDÉN AKTIEBOLAG v. SWEDEN



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)

 

Full & Egal Universal Law Academy