EUROPEAN COMMISSION OF HUMAN RIGHTS
FIRST CHAMBER
Application No. 14097/88
ITALINVEST AKTIEBOLAG
against
SWEDEN
REPORT OF THE COMMISSION
(adopted on 14 October 1991)
TABLE OF CONTENTS
INTRODUCTION ............................................. 1
PART I: STATEMENT OF THE FACTS .......................... 3
PART II: SOLUTION REACHED ................................ 4
INTRODUCTION
1. This Report relates to the application introduced under
Article 25 of the European Convention for the Protection of Human
Rights and Fundamental Freedoms by Italinvest Aktiebolag against
Sweden on 3 June 1988. It was registered on 5 August 1988 under file
No. 14097/88.
The applicant company was represented by Mr. Göran Ravnsborg,
lecturer at the University of Lund.
The Government of Sweden were represented by their Agent,
Mr. Carl Henrik Ehrenkrona, Under-Secretary for Legal and Consular
Affairs at the Ministry for Foreign Affairs, Stockholm.
2. On 8 January 1991 the Commission, having consulted the parties,
decided to refer the application to the First Chamber.
3. On 6 March 1991 the Commission declared the application
admissible insofar as it related to the absence of a right to a court
review of the withdrawal of a licence to serve alcoholic beverages
granted to Giallo Aktiebolag, a subsidiary to the applicant
company*. 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."
4. The Commission (First Chamber) found that the parties had
reached a friendly settlement of the case and on 14 October 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.
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* This decision is public and may be obtained from the Secretary
to the Commission.
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The following members were present when the Report was
adopted:
MM. J. A. FROWEIN, President of the First Chamber
F. ERMACORA
E. BUSUTTIL
A. S. GÖZÜBÜYÜK
J. C. SOYER
H. DANELIUS
MM. C.L. ROZAKIS
L. LOUCAIDES
A.V. ALMEIDA RIBEIRO
B. MARXER
PART I
STATEMENT OF THE FACTS
5. The applicant is a limited liability company with its seat in
Lund. It owns all shares of another limited liability company named
Giallo Aktiebolag (hereinafter "Giallo").
6. In December 1985 Giallo was granted a licence to serve
alcoholic beverages in its restaurant. In April and November 1986
the licence was renewed, the latest licence being valid until further
notice.
7. In October 1987 the County Administrative Board (läns-
styrelsen) of the County of Malmöhus withdrew the licence in
application of the 1977 Act on the Sale of Beverages (lagen on handel
med drycker), as the restaurant did not satisfy the condition of a
restaurant within the meaning of that Act and as it had failed
seriously in the social responsibility imposed on it.
8. In December 1987 Giallo's appeal to the National Board of
Health and Social Welfare (socialstyrelsen) was rejected. This
decision was not subject to any further appeal.
9. Before the Commission the applicant company complained that it
could not obtain a court review of the withdrawal of Giallo's licence
to serve alcoholic beverages; that the withdrawal was intended to
serve as a punishment against "certain inconveniences alleged by the
bureaucracy in the past"; and that the withdrawal violated its right
to the peaceful enjoyment of its possessions. It invoked Article 6
paras. 1 and 2 and Article 14 of the Convention as well as Article 1
of Protocol No. 1 to the Convention.
PART II
SOLUTION REACHED
10. 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.
11. In accordance with the usual practice, the Secretary, acting
on the Commission's instructions, contacted the parties to explore the
possibilities of reaching a friendly settlement.
12. By letter of 23 August 1991 the Agent of the Government
submitted the following agreement reached between the applicant
company and the Government on 26 July 1991 and approved by the
Government on 8 August 1991:
"SETTLEMENT
On 6 March 1991 the European Commission of Human Rights
decided to declare admissible application No. 14097/88
lodged by Italinvest AB 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 21.000.
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, 5 June 1991 Stockholm, 26 July 1991
(signed) (signed)
Carl Henrik Ehrenkrona Göran Ravnsborg
Agent of the Swedish Counsel for the
Government applicant"
13. At its session on 14 October 1991, the Commission noted that
the parties had reached an agreement regarding the terms of a
settlement. It further considered, having regard to Article 28 para. 1
(b) of the Convention, that the friendly settlement of the case had
been secured on the basis of respect for Human Rights as defined in
the Convention.
14. For these reasons, the Commission adopted this Report.
Secretary to the First Chamber President of the First Chamber
(M. de SALVIA) (J.A. FROWEIN)
Full & Egal Universal Law Academy