Application No. 27328/95
by Brigitte STALLKNECHT
against Sweden
The European Commission of Human Rights (Second Chamber) sitting
in private on 15 May 1996, the following members being present:
Mrs. G.H. THUNE, Acting President
MM. G. JÖRUNDSSON
J.-C. SOYER
H.G. SCHERMERS
F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
M.A. NOWICKI
I. CABRAL BARRETO
J. MUCHA
D. SVÁBY
P. LORENZEN
Ms. M.-T. SCHOEPFER, Secretary to the Chamber
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 12 April 1995 by
Brigitte Stallknecht against Sweden and registered on 15 May 1995 under
file No. 27328/95;
Having regard to the reports provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having regard to the observations submitted by the respondent
Government on 5 March 1996 and the observations in reply submitted by
the applicant on 3 April 1996;
Having deliberated;
Decides as follows:
THE FACTS
The applicant, a Swedish citizen born in 1942, resides at
Rimforsa.
The application concerns a dispute between the applicant and the
National Board of Agriculture (Statens jordbruksnämnd) as to who was
the rightful recipient of certain farming subsidies. The subsidies were
granted for the period 1 July 1990 - 30 June 1991 and paid on
31 January 1991 to the bankruptcy estate of the previous owner of the
farm in question. Claiming that the subsidies were due to her, as she
was running the farm during the above period, the applicant brought
proceedings against the Board, first in the ordinary courts and
thereafter in the administrative courts. The applicant's action was
dismissed due to lack of jurisdiction by the Supreme Court (Högsta
domstolen) on 22 November 1994 and by the Supreme Administrative Court
(Regeringsrätten) on 22 November 1995.
The applicant alleges that her right to a determination by a
court under Article 6 or, in the alternative, Article 13 of the
Convention has been violated. She maintains that the right to the
subsidies at issue is a civil right within the meaning of Article 6.
On 19 October 1995 the Commission (Second Chamber) decided to
communicate the application to the respondent Government pursuant to
Rule 48 para. 2 (b) of the Commission's Rules of Procedure.
By letter of 5 March 1996, the Government informed the Commission
that a friendly settlement agreement had been reached between the
parties on 20 February 1996. The terms of the agreement are as follows:
(Translation)
"1. The Government will pay compensation of two hundred
thousand (200,000) SEK, all included, to the [the
applicant].
2. [The applicant] declares that she has no further claims
in respect of the alleged violation of Article 6 or,
alternatively, Article 13 of the Convention in the case in
question.
3. The parties agree that [the applicant] shall withdraw
her complaints so that the case can be struck out of the
Commission's list of cases."
The agreement was approved by the Government by decision of
29 February 1996.
By letter of 3 April 1996, the applicant informed the Commission
of her wish to withdraw the present application following the friendly
settlement agreement. She further stated that the agreed compensation
had been paid by the Government.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 (a) of the Convention, the
Commission notes that the applicant does not intend to pursue her
petition. Furthermore, in accordance with Article 30 para. 1 in fine,
the Commission finds no circumstances regarding respect for human
rights as defined in the Convention which require the continuation of
the examination of the application. The Commission, therefore, accedes
to the applicant's request to withdraw her case.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
Secretary to Acting President
the Second Chamber of the Second Chamber
(M.-T. SCHOEPFER) (G.H. THUNE)
Full & Egal Universal Law Academy