Fredin v. Sweden (no. 2)

Information Note on the Court’s case-law No.

February 1994

Fredin v. Sweden (no. 2) - 18928/91

Judgment 23.2.1994

Article 6

Article 6-1

Public hearing

Oral hearing

Refusal by Supreme Administrative Court to hold an oral hearing: violation

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

I.ARTICLE 6 § 1 OF THE CONVENTION

Court confined itself to the particular facts.

Supreme Administrative Court had acted as first and only judicial instance in the case - its jurisdiction was not limited to matters of law but extended to factual issues - applicant's appeal was capable of raising questions of both fact and law - in such circumstances, at least, Article 6 § 1 guaranteed a right to an oral hearing - accordingly, the relevant court's refusal to hold one contravened this provision.

Conclusion: violation (unanimously).

II.ARTICLE 50 OF THE CONVENTION

A.Non-pecuniary damage: award of compensation on equitable basis.

B.Costs and expenses: partial reimbursement ordered.

Conclusion: respondent State to pay specified sums to the applicant (unanimously).

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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