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 Langborger case delivered on 22 June 1989 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
7 September 1984 under Article 25 (art. 25) of the Convention by
Mr Rolf Langborger, a Swedish national, who complained in
particular that an action he brought concerning the terms of a
lease was not heard by an independent and impartial tribunal;
Recalling that the case was brought before the Court by the
Commission on 18 December 1987;
Whereas in its judgment of 22 June 1989 the Court:
- held by seventeen votes to three that there had been a
violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
- held unanimously that there had been no violation of
Articles 8 and 11 (art. 8, art. 11) of the Convention and of
Article 1 of Protocol No. 1 (P1-1);
- held unanimously that it was not necessary to examine the
case also under Article 13 (art. 13) of the Convention;
- held by nineteen votes to one that the respondent state
was to pay to the applicant, in respect of costs and expenses,
the sum of 63 475 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 Government of Sweden to inform it of the
measures which had been taken in consequence of the judgment of
22 June 1989, 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 to the applicant the sum 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(91)25
Information provided by the Government of Sweden
during the examination of the Langborger case
before the Committee of Ministers
The Lease Review Boards and Rent Review Boards Act 1973 and
the 1974 Act concerning the Housing and Tenancy Court were
amended on 30 May 1991. The amendments came into force on
1 July 1991.
According to paragraph 5.a of the 1991 Act amending the
Lease Review Boards and Rent Review Boards Act 1973, and
according to paragraph 14 amending the 1974 Act concerning the
Housing and Tenancy Court, the lay assessors who sit on the Rent
Review Boards and in the Housing and Tenancy Court must be
replaced by ordinary judges whenever there may be a conflict of
interest.
The sum of 63 475 Swedish crowns awarded to the applicant
by the Court was paid on 15 September 1989.
Full & Egal Universal Law Academy