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 Fredin case delivered on 18 February 1991 and
transmitted the same day to the Committee of Ministers;
Recalling that the case has its origin in an application against
Sweden lodged with the European Commission of Human Rights
on 5 March 1986 under Article 25 (art. 25) of the Convention by
Mr Anders Fredin and Mrs Maria Fredin, Swedish nationals, who
complained of the revocation of a permit to exploit a gravel pit
belonging to them and of the lack of access to a court with a
view to challenging the Government's decisions in this respect;
Recalling that the case was brought before the Court by the
Commission on 14 December 1989;
Whereas in its judgment of 18 February 1991 the Court
unanimously:
- held that no violation of Article 1 of Protocol No. 1
(P1-1) had been established;
- held that there had been no violation of the
above-mentioned article taken together with Article 14
(art. 14+P1-1) of the Convention;
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that Sweden was to pay to the applicants
10 000 Swedish crowns in respect of non-pecuniary damage and
75 000 in respect of costs and expenses;
- dismissed the remainder of the claim for just
satisfaction;
Having regard to the "Rules 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 of
18 February l99l, having regard to its obligation under
Article 53 (art. 53) of the Convention to abide by the judgment;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Sweden informed the Committee of 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 applicants the sums provided for in the judgment of
18 February 1991,
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(91)11
Information provided by the Government of Sweden
during the examination of the Fredin case
by the Committee of Ministers
With reference to paragraph 36 of the Court's judgment, the
Swedish Government recalls that since the entry into force
on 1 June 1988 of the Act on judicial review of certain
administrative decisions, the lawfulness of inter alia
revocations of exploitation permits may be challenged before the
Supreme administrative Court.
The sums awarded by the Court were paid to the applicants
on 11 March 1991.
Full & Egal Universal Law Academy