PROCEDURE

The case was referred to the Court by the European Commission of Human Rights (“the Commission“) on 18 July 1986, within the three-month period laid down by Article 32 § 1 and Article 47 (art. 32-1, art. 47) of the Convention. The case originated in an application (no. 10930/84) against the Kingdom of Sweden lodged with the Commission on 10 January 1984 under Article 25 (art. 25) by a Swedish citizen, Mr. Gunnar Bodén. The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48) and to the declaration whereby Sweden recognised the compulsory jurisdiction of the Court (Article 46) (art. 46). The purpose of the request was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Article 6 § 1 (art. 6-1) of the Convention.

In response to the inquiry made in accordance with Rule 33 § 3 (d) of the Rules of Court, the applicant stated that he did not wish to take part in the proceedings pending before the Court.

The Chamber of seven judges to be constituted included, as ex officio members, Mr. G. Lagergren, the elected judge of Swedish nationality (Article 43 of the Convention) (art. 43), and Mr. R. Ryssdal, the President of the Court (Rule 21 § 3 (b)). On 26 September 1986, the President drew by lot, in the presence of the Registrar, the names of the five other members, namely Mr. F. Gölcüklü, Mr. L.-E. Pettiti, Mr. R. Bernhardt, Mr. A.M. Donner and Mr. J. De Meyer (Article 43 in fine of the Convention and Rule 21 § 4) (art. 43). Mr. R. Macdonald, substitute judge, subsequently replaced Mr. Donner, who was prevented from taking part in the consideration of the case (Rules 22 § 1 and 24 § 1).

The Swedish Government (“the Government“) informed the Registrar on 29 October 1986 that negotiations were being conducted with the applicant with a view to arriving at a friendly settlement and then, on 4 February 1987, that the negotiations had proved unsuccessful.

Mr. Ryssdal, who had assumed the office of President of the Chamber (Rule 21 § 5), ascertained, through the Registrar, the views of the Agent of the Government and the Delegate of the Commission regarding the need for a written procedure. Having regard to their concurring statements, he decided on 26 February 1987 that it was not necessary for memorials to be filed (Rule 37 § 1) and directed that the oral proceedings should open on 23 March 1987 (Rule 38). Prior to that, on 12 and 18 February, the applicant had lodged claims for just satisfaction under Article 50 (art. 50) (Rule 49 taken together with Rule 1 (k)). He provided further particulars of these claims on 24 April at the request of the President.

The hearing was held in public at the Human Rights Building, Strasbourg, on the appointed day. Immediately before it opened, the Court had held a preparatory meeting. There appeared before the Court:

for the Government Mr. H. Corell, Ambassador, Under-Secretary for Legal and Consular Affairs, Ministry for Foreign Affairs, Agent, Mr. P. Löfmarck, Under-Secretary for Legal Affairs, Ministry of Transport and Communications, Mr. H. Berglin, Legal Adviser, Ministry for Foreign Affairs, Advisers;

for the Commission Mr. Gaukur Jörundsson, Delegate. The Court heard addresses by Mr. Corell for the Government and by Mr. Gaukur Jörundsson for the Commission, as well as their replies to the questions put by the Court and several judges.

AS TO THE FACTS

I. PARTICULAR CIRCUMSTANCES OF THE CASE

The applicant, Mr. Gunnar Bodén, was born in 1939. He is a Swedish citizen resident in Falun and a car driver by profession. He owned, together with his brother Mr. B. Bodén, the properties Källviken 1:18, 1:25 and 1:26.

On 30 June 1977, the Falun Municipal Council (kommunfullmäktige) adopted an area plan (områdesplan) with a view to the development of a housing estate in an area including the applicant’s properties. On 9 February 1978, the Municipal Council decided to apply to the Government for an expropriation permit for this area.

The applicant objected to the expropriation in respect of two of the three properties concerned, because, as he submitted to the Government, he doubted that they were needed for the development contemplated and, further, he wanted to live with his mother in his parents’ home situated on one of the properties. He claimed that, when working out and adopting the area plan, the Municipal Council had not taken his interests sufficiently into account, something that would have been possible within the framework of a somewhat modified plan. However, the Government, taking the view that the Municipal Council had shown the need to include the applicant’s properties, concluded that the conditions laid down in the Expropriation Act 1972 (expropriationslagen 1972:719 - “the 1972 Act“) were satisfied. On 1 March 1979, they issued an expropriation permit.

The decision indicated that the issue of the permit had to be followed by the institution of proceedings by the Municipality before a real estate court not later than 3 March 1980. An action, the object of which was to settle the terms of the expropriation (see paragraph 15 below), was commenced on 28 February 1980 before the Real Estate Court at the Falun District Court (tingsrätten).

The applicant, his brother and the Municipality were involved in negotiations for a settlement until 2 July 1984. On that date, before the main hearings started, they finally concluded an agreement: the applicant and his brother were to sell the properties to the Municipality, which was to lease back to the applicant for a period of five years, with a possibility of prolongation, a house situated thereon. On 17 August, the Real Estate Court struck the case off its list since, as a result of the settlement, the Municipality had withdrawn its claim for expropriation.

On 17 December 1986, after the present case had been brought before the European Court of Human Rights, the Municipality of Falun concluded an agreement with the applicant for the repurchase by him of the properties for 235,000 Swedish crowns, the same amount as it had paid for them in 1984.