The Estate of Maria Hammarberg v. Sweden



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)