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 Bodén case, delivered on 27 October 1987 and transmitted the same
day to the Committee of Ministers;
Recalling that the case originated in an application against the
Kingdom of Sweden lodged with the European Commission of Human Rights
on 10 January 1984 under Article 25 (art. 25) of the convention by
Mr Gunnar Bodén, a Swedish citizen, who complained inter alia that he
had no possibility of having a dispute relating to the issue of an
expropriation permit affecting properties partly owned by him reviewed
by a tribunal satisfying the requirements of Article 6, paragraph 1
(art. 6-1), of the convention;
Recalling that the case was brought before the Court by the Commission
on 18 July 1986;
Whereas in its judgment of 27 October 1987 the Court unanimously:
- held that Article 6, paragraph 1 (art. 6-1), of the convention
applied in the instant case;
- held that Article 6, paragraph 1 (art. 6-1), had been violated;
- held that the respondent state was to pay to the applicant in
respect of costs and expenses the sum of 8 900 Swedish crowns, less
3 410 French francs to be converted into Swedish crowns at the rate
applicable on the date of delivery of the judgment;
- 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 Government 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 to 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 (88) 15
Information provided by the Government of Sweden
during the examination of the Bodén case before
the Committee of Ministers
Under the terms of the Act of 21 April 1988 on judicial review of
certain administrative decisions, administrative decisions relating to
the application of legal provisions referred to in Chapter 8, sections
2 and 3, of the Instrument of Government shall henceforth, at the
request of a private subject party to the proceedings, be subject to
review by the Supreme Administrative Court. The Court shall review
whether the decision in the case concerned is contrary to any legal
rule.
Sections 2 and 3 of Chapter 8 of the Instrument of Government refer to
provisions about the personal status of private subjects, about their
personal and economic interrelationships, about their obligations to
the community and about other interferences with their personal or
economic situation. The new Act therefore applies inter alia to
decisions on the issuing of expropriation permits.
The Act of 21 April 1988 entered into force on 1 June 1988 and shall
apply during an initial trial period to administrative decisions taken
between 1 June 1988 and 31 December 1991.
The sum of 5 300,80 Swedish crowns (that is 8 900 Swedish crowns less
3 410 French francs) was paid to the applicant on 28 November 1987.