Application No. 12469/86
by Harald ÖSTERBERG
against Sweden
The European Commission of Human Rights sitting in private
on 12 March 1990, the following members being present:
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
G. BATLINER
J. CAMPINOS
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
Mr. L. LOUCAIDES
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 31 October 1985
by Harald Österberg against Sweden and registered on 15 October 1986
under file No. 12469/86;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The facts of the case, as they appear from the applicant's
submissions, may be summarised as follows:
The applicant is a Swedish citizen born in 1922 and a
resident of Möja. He is a fisherman by profession. Before the
Commission the applicant is represented by Mr. Jan Axelsson, a lawyer
practising in Stockholm.
The applicant owns property which includes fishing waters in
the Baltic Sea. As from 1 May 1985 he was deprived of his exclusive
right to fish in his waters as a result of new legislation which was
passed by Parliament. Pursuant to this legislation, everyone has the
right to fish with hand-held equipment in the applicant's waters.
COMPLAINTS
1. The applicant alleged a violation of Article 1 of Protocol No. 1
to the Convention on the ground that he had been deprived of his
exclusive right to fish in his waters.
2. The applicant also alleged a violation of Article 14 of the
Convention in conjunction with Article 1 of Protocol No. 1 as a result
of the discriminatory rules on compensation.
3. The applicant alleged a breach of Article 6 of the Convention
since he had no possibility of submitting his claims in relation to
the alleged unlawful interference with his civil rights to a tribunal
meeting the requirements of the Convention.
4. The applicant finally alleged a violation of Article 13 of the
Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 31 October 1985 and
registered on 15 October 1986.
On 6 October 1987 the Commission decided that notice of the
application should be given to the respondent Government, but that the
further examination of the application should be adjourned pending the
outcome of Applications Nos. 11763/85-11767/85, 11830/85 and 12091/86,
Banér and others v. Sweden.
On 9 March 1989 the Commission declared the last mentioned
applications inadmissible.
On 16 January 1990 the applicant informed the Commission that
he wished to withdraw the application.
REASONS FOR THE DECISION
The Commission finds that the applicant does not intend to
pursue his application before the Commission within the meaning of
Article 30 para. 1 (a) of the Convention.
It further considers that respect for Human Rights as defined
in the Convention does not require that the Commission continue its
examination of the application.
It follows that the application shall be struck off the list
of cases pursuant to Article 30 para. 1 of the Convention.
For these reasons, the Commission
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)
Full & Egal Universal Law Academy