Application No. 11899/85
WASAGRILLEN, Knut NYLUND AB
against
SWEDEN
REPORT OF THE COMMISSION
(adopted on 4 July 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. 11899/85 introduced
against Sweden by Wasagrillen, Knut Nylund AB on 13 August 1984 under
Article 25 of the Convention for the Protection of Human Rights and
Fundamental Freedoms. The application was registered on 9 December
1985.
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 company was represented by Mr. Göran Ravnsborg,
university lecturer at Lund.
4. On 13 July 1990 the European Commission of Human Rights
declared admissible the complaints under Articles 6 and 13 of the
Convention*. 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 4 July 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.
_________________
* This decision is public and can be obtained from the
Secretary to the Commission.
_______________
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
E. BUSUTTIL
G. JÖRUNDSSON
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 limited liability company whose
headquarters is at Mora. The company is managed by Mr. Knut Nylund.
8. The applicant company has run a restaurant business since
1971. In 1975 it obtained a licence to serve wine and beer in respect
of one part of its business, and in 1977 it obtained a full licence to
serve alcoholic beverages.
9. On 22 February 1984 the County Administrative Board
(länsstyrelsen) of the County of Kopparberg revoked the licence to
serve alcoholic beverages in accordance with Section 64 of the Act on
Trading in Beverages (lagen om handel med drycker). The applicant
company later asked for a new licence to serve alcoholic beverages but
on 21 May 1984 the County Administrative Board refused to grant a
licence stating that it did not consider that the company fulfilled
the requirement of suitability in Section 40 of the Act on Trading in
Beverages.
10. The applicant company appealed against the above two decisions
to the National Board of Health and Social Welfare (socialstyrelsen)
which, however, rejected the appeals on 28 June 1984. This decision
was not subject to appeal.
11. On 16 November 1984 the County Administrative Board rejected a
further request from the applicant company for a licence to serve
alcoholic beverages. The applicant company appealed against this
decision to the National Board of Health and Social Welfare, which on
12 December 1984 granted the appeal and quashed the decision of the
County Administrative Board. On 14 December 1984 the applicant company
was granted a new licence to serve alcoholic beverages.
12. Before the Commission the applicant company complained that
the withdrawal of the licence to serve alcoholic beverages from
22 February to 12 December 1984 was an interference with its civil
rights which could not be examined by a court. It invoked Articles 6
and 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 11 June 1991, submitted the
following agreement which had been reached between the applicant
company and the Government, and which had been approved by the
Government on 30 May 1991.
"SETTLEMENT
On 13 July 1990 the European Commission of Human Rights
decided to declare admissible application No. 11899/85
lodged by Wasagrillen, Knut Nylund 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 15.000 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 2 May 1991 Stockholm May 1991
(signed) (signed)
Carl Henrik Ehrenkrona Göran Ravnsborg
Agent of the Swedish Government Counsel for the applicant"
15. The Commission, at its session on 4 July 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