The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human Rights in
the Allan Jacobsson case delivered on 25 October 1989 and transmitted
the same day to the Committee of Ministers;
Recalling that the case originated in an application against Sweden
lodged with the European Commission of Human Rights on
11 January 1984 under Article 25 (art. 25) of the Convention by
Mr Allan Jacobsson, a Swedish national, who complained of the
existence of protracted building prohibitions on his property and the
impossibility for him to have access to a court for the purpose of
challenging the decisions maintaining the said building prohibitions
in force;
Recalling that the case was brought before the Court by the
Commission on 18 December 1987;
Whereas in its judgment of 25 October 1989 the Court unanimously:
- held that there had been no violation of Article 1 of Protocol No. 1
(P1-1) to the Convention;
- held that there had been a violation of Article 6 paragraph 1
(art. 6-1), of the Convention;
- held that it was not necessary to examine the case under
Articles 13, 17 and 18 (art. 13, art. 17, art. 18) of the Convention;
- held that Sweden was to pay the applicant, for costs and expenses,
80 000 Swedish crowns;
- rejected the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the Convention;
Having invited the Goverment of Sweden to inform it of the measures
which had been taken in consequence of the judgment, having regard to
its obligation under Article 53 (art. 53) of the Convention to abide
by it;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Sweden gave the Committee information
about the measures taken in consequence of the judgment, which
information appears in the appendix to this resolution,
Having satisfied itself that the Government of Sweden has paid the
applicant the sum provided for in the judgment,
Declares, after having taken note of the information supplied by the
Government of Sweden, that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (90) 2
Information provided by the Government of Sweden
during the examination of the Allan Jacobsson case
before the Committee of Ministers
Since 1 July 1987, the Building Act 1947 has been replaced by the 1987
Plan and Building Act. According to Section 13, Article 4, of this Act,
some decisions on building permits can be examined by administrative
courts. In certain cases however the Government is still the final
instance. In those cases the Government's decisions can be brought to
the Supreme Administrative Court in accordance with the provisions of
the Act of 21 April 1988 on judicial review of certain administrative
decisions, which came into force on 1 June 1988.
The sum of 80 000 Swedish crowns has been paid to the applicant
on 19 December 1989.