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 Sigurdur A. Sigurjonsson case delivered on
30 June 1993 and transmitted the same day to the Committee of
Ministers;
Recalling that the case originated in an application
(No. 16130/90) against Iceland lodged with the European Commission
of Human Rights on 22 December 1989 under Article 25 (art. 25) of
the Convention by Mr Sigurdur A. Sigurjonsson, an Icelandic
national, and that the Commission declared admissible the
complaints regarding the obligation, imposed by law, upon the
applicant to be a member of a specific private-law association
(trade-union) in order not to lose his taxi-driver's licence;
Recalling that the case was brought before the Court by the
Commission on 10 July 1992;
Whereas in its judgment of 30 June 1993 the Court unanimously:
- held by eight votes to one that there had been a violation
of Article 11 (art. 11);
- held unanimously that it was not necessary to examine the
case under Articles 9 (art. 9) or 10 (art. 10);
- held unanimously that it was also not necessary to determine
whether there had been a violation of Article 13 (art. 13);
Whereas in its judgment of 30 June 1993 the Court unanimously
rejected the remainder of the applicant's claim for just
satisfaction;
Whereas in its judgment of 30 June 1993 the Court unanimously:
- held that the respondent state was to pay, for legal fees
and expenses, 2 134 401 Icelandic crowns, less 14 863 French francs
to be converted into Icelandic crowns at the rate applicable on the
date of delivery of the judgment;
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 Iceland to inform it of the
measures which had been taken in consequence of the judgment of
30 June 1993, 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 Iceland 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 on 21 July 1993 the Government of
Iceland paid the applicant the sum provided for in the judgment in
the case of Sigurjonsson of 30 June 1993,
Declares, after having taken note of the information supplied
by the Government of Iceland, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (95) 36
Information provided by the Government of Iceland
during the examination of the Sigurdur A. Sigurjonsson case
by the Committee of Ministers
By Act No. 61/1995, which entered into force on 8 March 1995,
the Icelandic Parliament has abolished the requirement that taxi
operators in Iceland have to belong to a specified union in order
to obtain a license to conduct business. There is, accordingly, no
longer any risk of repetition of the violation of Article 11
(art. 11) of the Convention found by the Court in the present case.
The just satisfaction awarded by the Court was paid on
21 July 1993.
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