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
Håkansson and Sturesson case delivered on 21 February 1990 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 in 1984 under Article 25 (art. 25) of
the Convention by Mr Gösta Håkansson and Mr Sune Sturesson, both Swedish
nationals, who complained of the compulsory resale of an agricultural estate
bought by them at a compulsory auction and of the absence of a court remedy for
challenging the lawfulness of administrative decisions;
Recalling that the case was brought before the Court by the Commission
on 14 December 1988 and by the Government of Sweden on 27 January 1989;
Whereas in its judgment of 21 February 1990 the Court:
- held unanimously that there had been no violation of Article 1
of Protocol No. 1 (P1-1), taken alone or together with Article 14
(art. 14+P1-1) of the Convention;
- held unanimously that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention as a result of the absence of any
court remedy to challenge the decisions refusing the applicants the
permit to retain Risböke 1:3;
- held by six votes to one that there had been no violation of
Article 6, paragraph 1 (art. 6-1), as regards the proceedings before the
Göta Court of Appeal;
- held unanimously that it was not necessary to examine the
case also under Article 13 (art. 13) of the Convention;
- held unanimously that Sweden was to pay to the applicants, for
costs and expenses, 60 000 Swedish crowns;
- dismissed unanimously 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 of 21 February 1990, 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 applicants
the sum provided for in the judgment of 21 February 1990,
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) 32
Information provided by the Government of Sweden during the
examination of the Håkansson and Sturesson case before the
Committee of Ministers
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 to the situation complained of in this case.
The sum of 60 000 Swedish crowns awarded by the Court in respect of costs and
expenses has been paid to the applicants on 23 May 1990.
Full & Egal Universal Law Academy