AS TO THE ADMISSIBILITY OF
Application No. 12470/86
by the Estate of Maria HAMMARBERG
against Sweden
The European Commission of Human Rights sitting in private
on 9 November 1989, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
G. BATLINER
J. CAMPINOS
H. VANDENBERGHE
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 the Estate of Maria Hammarberg against Sweden and registered on
15 October 1986 under file No. 12470/86;
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
estate's submissions, may be summarised as follows.
The applicant is the estate of Mrs. Maria Hammarberg. The
executor (boutredningsman) of the estate is Mr. Jacob Sundberg.
Before the Commission the applicant estate is represented by Mr. Jan
Axelsson, a lawyer practising in Stockholm.
The applicant estate owns property which includes fishing
waters in the Baltic Sea. As from 1 May 1985 it was deprived of its
exclusive right to fish in its 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 or others' waters.
COMPLAINTS
1. The applicant estate alleged a violation of Article 1 of
Protocol No. 1 on the ground that it has been deprived of its
exclusive right to fish in its waters. The applicant estate also
alleged a violation of Article 14 of the Convention in conjunction
with Article 1 of Protocol No. 1 as a result of discriminatory rules
on compensation.
2. The applicant estate alleged a breach of Article 6 of the
Convention since it has not had the possibility of submitting its
claims in relation to the unlawful interference with its civil rights
to a tribunal meeting the requirements of the Convention.
The applicant estate also 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 21 September 1989 the applicant estate informed the
Commission that it wished to withdraw the application.
REASONS FOR THE DECISION
The Commission notes that the applicant estate has withdrawn
its application. It finds no reason of a general character affecting
the observance of the Convention which would require a further
examination of the application.
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