The Committee of Ministers, under the terms of Article 32 (art. 32) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European Commission of
Human Rights in accordance with Article 31 (art. 31) of the Convention
relating to the applications lodged by Mr Lars Bramelid and
Mrs Anne Marie Malmström against Sweden (Applications Nos. 8588/79 and
8589/79);
Whereas on 3 February 1984 the Commission transmitted the said report
to the Committee of Ministers and whereas the period of three months
provided for in Article 32, paragraph 1 (art. 32-1), of the Convention
has elapsed without the case having been brought before the European
Court of Human Rights in pursuance of Article 48 (art. 48) of the
Convention;
Whereas in their applications introduced on 26 February 1979 the
applicants complained that they had been compelled to surrender their
shares for a price below their real value alleging a breach of
Article 1 of the First Protocol (P1-1) to the Convention, that the
arbitrators to whom their dispute was referred did not constitute a
"tribunal" within the meaning of Article 6, paragraph 1 (art. 6-1), of
the Convention and that they were not afforded an effective remedy
before a national authority alleging a breach of Article 13 (art. 13)
of the Convention;
Whereas the Commission, after having declared the applications partly
admissible, in its report adopted on 12 December 1983, examined
whether the applicants' right under Article 6, paragraph 1 (art. 6-1),
of the Convention to a fair and public hearing within a reasonable
time by an independent and impartial tribunal established by law was
respected, and whether the applicants had an effective remedy before a
national authority, as required by Article 13 (art. 13) of the
Convention, against the violations of the Convention that they allege;
Whereas in its report the Commission unanimously expressed the opinion
that there had been a violation of Article 6, paragraph 1 (art. 6-1),
of the Convention in so far as the applicants' case was not heard
publicly by an independent and impartial tribunal and that it was not
necessary to examine the applications under Article 13 (art. 13) of
the Convention;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the Convention;
Whereas during the examination of this case, the Government of Sweden
informed the Committee of Ministers that it accepted the report of the
Commission in this case and that the Swedish Parliament had adopted an
amendment to the legislation which had come into force on 1 July 1984
according to which a party not satisfied with a decision of the
arbitrators could start a procedure before an ordinary court;
Noting with satisfaction that Sweden has already amended its
legislation in this sense;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention,
a.Decides that in this case there has been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
b.Decides, having regard to the information supplied by the
Government of Sweden, that no further action is called for in this
case.