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 Darby
case delivered on 23 October 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 on 20 November 1984, under Article 25
(art. 25) of the Convention, by Mr Peter Darby, a Finnish national, who
complained that he had been discriminated against concerning the duty to pay a
special tax to the Church of Sweden;
Recalling that the case was brought before the Court by the Commission on
13 July 1989 and by the Government of Sweden on 8 September 1989;
Whereas in its judgment of 23 October 1990 the Court unanimously:
- held that there had been a violation of Article 14 of the
Convention taken together with Article 1 of Protocol No. 1 (art. 14+P1-1);
- held that it was not necessary to examine the case under
Article 9 (art. 9) of the Convention taken either alone or together with
the said Article 14 (art. 14+9);
- held that Sweden was to pay the applicant 8 000
Swedish crowns for pecuniary damage and 90 000 Swedish crowns
for costs and expenses;
- 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 of 23 October 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 applicant the
sums 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 (90) 42
Information provided by the Government of Sweden
during the examination of the Darby case
before the Committee of Ministers
As can be seen from paragraph 23 of the Court's judgment, Section 1 of the 1951
Dissenters Tax Act was amended with effect from 1 January 1987 so that the
taxpayer no longer has to be registered as resident in Sweden in order to
benefit from the reduction of the Church tax.
The sums awarded to the applicant by the Court were paid on 8 November 1990.
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