Application No. 12887/87
Hans-Göran MYRDAL
against
SWEDEN
REPORT OF THE COMMISSION
(adopted on 15 April 1991)
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. 12887/87 introduced
against Sweden by Mr. Hans-Göran Myrdal on 6 April 1987 under Article
25 of the Convention for the Protection of Human Rights and
Fundamental Freedoms. The application was registered on 4 May 1987.
2. The Government of Sweden were represented by their Agent, Mr.
Carl Henrik Ehrenkrona, Legal Adviser at the Ministry for Foreign
Affairs, Stockholm.
3. The applicant was represented by Mr. Staffan Myrdal, a lawyer
practising in Uppsala.
4. On 7 June 1990 the European Commission of Human Rights declared
the application admissible. 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."
5. The Commission found that the parties had reached a friendly
settlement of the case and on 15 April 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.
6. The following members of the Commission were present when the
Report was adopted:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
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
J.-C. GEUS
M.P. PELLONPÄÄ
B. MARXER
PART I
STATEMENT OF THE FACTS
7. The applicant is a Swedish citizen, born in 1931 and resident
at Uppsala. He is a manager by profession.
8. The applicant is the owner of a property, Fålhagen 37:2. On
22 March 1984 the Building Committee (byggnadsnämnden) of Uppsala
granted the applicant's neighbour a permit to build a house
(ateljébyggnad) on his property, Fålhagen 37:6. It accorded an
exemption from the provisions of Sections 39 and 67 of the Building
Ordinance (byggnadsstadgan) and Section 34 of the Building Act
(byggnadslagen).
9. The applicant appealed against this decision to the County
Administrative Board (länsstyrelsen) of the Uppsala County. In his
appeal the applicant alleged that the building would have negative
consequences for his property and that the Building Committee had
dealt with the matter incorrectly. On 25 February 1985 the County
Administrative Board rejected the appeal.
10. The applicant appealed to the Administrative Court of Appeal
(kammarrätten) of Stockholm which, on 18 April 1986, decided that,
since the case concerned not only the question of a building permit but
also the question of exemption from building prohibitions, the entire
case should be determined by the Government.
11. On 23 October 1986 the Government (the Ministry of Housing)
rejected the applicant's appeal.
12. Before the Commission the applicant complained that the
decision of the Building Committee was an interference with his civil
rights and since the dispute over the neighbour's building permit
could not be examined by a court there had been a violation of Article
6 of the Convention. He also alleged a violation of Article 13 of the
Convention.
PART II
SOLUTION REACHED
13. 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.
14. Following an exchange of letters between the parties the Agent
of the Government, by letter of 27 March 1991, submitted the
following agreement which had been reached between the applicant and
the Government, and which had been approved by the Government on
14 March 1991.
"SETTLEMENT
On 7 June 1990 the European Commission of Human Rights
decided to declare admissible application No. 12887/87
lodged by Mr. Hans-Göran Myrdal against Sweden.
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 10.000 to
the applicant.
b) The Government will pay the applicant's legal costs
in the amount of SEK 50.000.
c) The applicant declares that he has no further
claims in the matter.
This settlement is dependent upon the formal approval of the
Government.
Stockholm, 1 March 1991 Uppsala, 4 March 1991
(signed) (signed)
Carl Henrik Ehrenkrona Staffan Myrdal
Agent of the Swedish Government Counsel for the applicant"
15. The Commission, at its session on 15 April 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.
16. 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