Application No. 13425/87
by Bernt MATTSSON
against Sweden
The European Commission of Human Rights sitting in private
on 27 May 1991, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Sir Basil HALL
MM. F. MARTINEZ RUIZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
A.V. ALMEIDA RIBEIRO
M.P. PELLONPÄÄ
B. MARXER
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 20 August 1987
by Bernt Mattsson against Sweden and registered on 30 November 1987
under file No. 13425/87;
Having regard to the report provided for in Rule 47 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a Swedish citizen, born in 1918 and resident
at Huddinge. Before the Commission he is represented by Mr. Bo
Forsberg, a lawyer practising at Huddinge.
The applicant owns half of a property, Förslöv 25:3, situated
at Båstad.
The applicant asked the Building Committee (byggnadsnämnden)
of Båstad for a permit to use one of the three houses on the property,
an out-house, for permanent residence and for a permit to change the
shape of some windows of that house.
On 16 September 1985, the Building Committee rejected the
application. The applicant appealed to the County Administrative Board
(länsstyrelsen) of the Kristianstad County. On 8 July 1986 the County
Administrative Board rejected the appeal.
The applicant appealed to the Government (the Ministry of
Housing) contending inter alia that the restrictions on his personal
freedom which he had suffered as a result of the decision of the
County Administrative Board violated the European Convention on Human
Rights. He further submitted that the Building Committee had exceeded
its competence, that his individual interests should be taken into
account and that the permit was important for him and his family.
On 5 March 1987, the Government rejected the appeal finding no
special reasons to grant exemption from the prohibition against urban
development.
Before the Commission the applicant complained that, since the
Government's decision cannot be challenged before a court, there has
been a violation of Article 6 of the Convention. He also referred to
his rights under Article 1 of Protocol No. 1 to the Convention in so
far as he had been refused permission to make alterations to his
house.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 20 August 1987 and
registered on 30 November 1987.
On 2 May 1989 the Commission decided to communicate the
application to the respondent Government without inviting them to
submit written observations on the admissibility and merits of the
application, and to adjourn further examination of the case until
the European Court of Human Rights had delivered judgment in the
Skärby case. On 28 June 1990 the Court delivered judgment in that
case (Eur. Court H.R., Skärby judgment of 28 June 1990, Series A no.
180-B).
On 13 July 1990 the Commission invited the respondent
Government to submit written observations on the admissibility and
merits of the application.
The Government's observations were submitted on 22 October
1990. No observations in reply from the applicant were received.
On 11 April 1991 the Government informed the Commission that a
settlement had been reached and enclosed a copy of this settlement
which reads as follows:
"SETTLEMENT
On 20 August 1987, Mr. Bernt Mattsson introduced an
application with the European Commission of Human Rights. It was
registered under No. 13425/87. After having been invited to submit its
written observations on the admissibility and merits of the
application the Government, by letter of 22 October 1990, waived
objections against the admissibility with regard to the complaints
under Article 6 and admitted that there had been a violation of that
Article.
The Government and the applicant 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 15.000 to the
applicant, including legal costs.
b) The applicant declares that he has no further claims in
the matter.
c) The parties agree that the application is struck off the
Commission's list of cases.
This settlement is dependent upon the formal approval of the
Government.
Stockholm 27 February 1991 Stockholm 19 March 1991
(signed) (signed)
Carl Henrik Ehrenkrona Bo Forsberg
Agent of the Swedish Counsel for the
Government applicant"
The settlement was approved by the Government on 4 April 1991.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 of the Convention, the
Commission notes that the matter has been resolved. Furthermore, it
finds no special circumstances regarding respect for human rights as
defined in the Convention which require the continuation of the
examination of the application.
For these reasons, the Commission unanimously
DECIDES TO STRIKE THE APPLICATION OFF THE LIST OF CASES.
Secretary to the Commission President of the Commission
(H. C. KRUGER) (C. A. NØRGAARD)
Full & Egal Universal Law Academy