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 case of Zander against Sweden delivered on
25 November 1993 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 on
2 September 1988 under Article 25 (art. 25) of the Convention by
Mr Lennart and Mrs Gunny Zander, two Swedish nationals, who
complained that it was not possible for them to have a court
review of an administrative decision authorising a company, which
specialised in the stocking and handling of household and
industrial waste, to increase its activities in the dump adjacent
to their property;
Recalling that the case was brought before the Court by the
Commission on 11 December 1992;
Whereas in its judgment of 25 November 1993 the Court
unanimously:
- held that Article 6, paragraph 1 (art. 6-1), applied to
the present case and had been violated;
- held that Sweden was to pay, within three months, to each
of the applicants 30 000 Swedish kronor for non-pecuniary damage,
and to the applicants jointly 145 860 Swedish kronor for costs
and expenses, less 16 626 French francs to be converted into
Swedish kronor at the rate applicable on the date of delivery of
the judgment;
- dismissed 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 of
25 November 1993, having regard to Sweden's 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 informed the Committee
that the Act of 21 April 1988 on Judicial Review of Certain
Administrative Decisions (see, inter alia, Resolution DH (88) 17
concerning the judgment of the European Court of Human Rights in
the Pudas case) applies also to disputes of the kind at issue in
the present case;
Having satisfied itself that on 24 December 1993 the
Government of Sweden has paid the applicants the sums provided
for in the judgment of 25 November 1993,
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.
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