The Committee of Ministers, under the terms of Article 32 (art. 32)
of the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European Commission of
Human Rights in accordance with Article 31 (art. 31) of the Convention
relating to the application lodged on 15 January 1986 by
Mr Jon Axelsson, Mr Roy Gasper, Mr Lars-Erik Hjelm and
Mr Stig Nissen against Sweden (Application No. 12213/86);
Whereas on 5 June 1989 the Commission transmitted the said report to
the Committee of Ministers and whereas the period of three months
provided for in Article 32, paragraph 1 (art. 32-1), of the Convention
elapsed without the case having been brought before the European Court
of Human Rights in pursuance of Article 48 (art. 48) of the Convention;
Whereas in their application the applicants complained inter alia that
they had no possibility of having a dispute relating to the granting
of reserve taxi licences examined by a tribunal satisfying the
requirements of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Commission declared the application admissable on
10 October 1988 as regards the above-mentioned complaint and in its
report adopted on 11 April 1989 expressed the opinion, by twelve votes
to four, that there had been a violation of Article 6, paragraph 1
(art. 6-1), of the Convention;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the Convention;
Whereas, during the examination of the case, the Committee of
Ministers was informed by the Government of Sweden that, under the
terms of Article 23, paragraph 1, of the new Act
of 15 December 1988 on commercial transportation, which came into
force on 1 January 1989, most decisions concerning transportation
licences can henceforth be appealed against to the Administrative
Court of Appeal. In those cases where this law does not provide for
such a right to appeal, the Act of 21 April 1988 on judicial review of
certain administrative decisions, which provides for a possibility of
review by the Supreme Administrative Court, will be applicable;
Having examined the proposals made by the Commission concerning just
satisfaction for the applicants,
Decides, having voted in accordance with the provisions of Article 32,
paragraph 1 (art. 32-1), of the Convention, that there has been
a violation of Article 6, paragraph 1 (art. 6-1), of the Convention in
this case;
Takes note of the information provided by the Government of Sweden;
Recommends, under Rule 5 of the Rules adopted by the Committee of
Ministers for the application of Article 32 (art. 32) of the
Convention, that the Government of Sweden pay to each of the
applicants the sum of 10 000 Swedish crowns in respect of
non-pecuniary damage, and to the applicants as a group the sum
of 40 500 Swedish crowns for legal costs;
Decides, therefore, that no further action is called for in this case.