A. v. SWEDEN



Application No. 14293/88

by A.

against Sweden

The European Commission of Human Rights sitting in private

on 14 January 1991, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A. WEITZEL

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

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 26 August 1988

by A. against Sweden and registered on 20 October 1988 under file

No. 14293/88;

Having regard to the report provided for in Rule 47 of the

Rules of Procedure of the Commission;

Having regard to the information submitted by the respondent

Government on 30 November and 12 December 1990.

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a Swedish citizen, born in 1926. He is a

civil engineer and resides at Saltsjö Duvnäs, Sweden. Before the

Commission he is represented by Mr. Mario Bergström, a lawyer

practising in Stockholm.

The applicant complains that a special charge (tax supplement)

amounting to 282,920 Swedish crowns was imposed upon him without a

fair and public hearing in court as guaranteed by Article 6 para. 1 of

the Convention, and that the provisions in Swedish law concerning the

special charge (tax supplement) is not in conformity with the

presumption of innocence secured by Article 6 para. 2 of the

Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 26 August 1988 and

registered on 20 October 1988.

On 2 July 1990 the Commission decided to bring the application

to the notice of the respondent Government, inviting them to submit

written observations on the admissibility and merits of the case.

On 30 November 1990 the Government informed the Commission

that a settlement had been reached and submitted, on 12 December 1990,

a copy of this settlement which reads as follows:

"SETTLEMENT

On 26 August 1988 Mr. A. introduced an application

with the European Commission of Human Rights. It

was registered under No. 14293/88. On 2 July 1990

the Government was requested to submit its observations

on the admissibility and merits of the application.

After negotiations the Government and Mr. A. 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 150.000 to the

applicant.

b) The Government will pay the applicant's legal costs in

the amount of SEK 70.500.

c) The applicant declares he has no further claims in the

matter.

d) The parties agree that the application is struck off the

Commission's list of cases.

This settlement is dependent upon the formal approval of the

Government.

Stockholm 27 November 1990 Stockholm 28 November 1990

Carl Henrik Ehrenkrona Mario Bergström

Agent of the Swedish Councel for the

Government applicant".

The settlement was approved by the Government on

6 December 1990.

REASONS FOR THE DECISION

Having regard to Article 30 para. 1 of the Convention, the

Commission notes that the matter has been resolved. Furthermore, it

finds no special circumstances regarding respect for human rights as

defined in the Convention which require the continuation of the

examination of the application.

For these reasons, the Commission unanimously

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H. C. KRUGER) (C. A. NØRGAARD)