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
Mats Jacobsson case delivered on 28 June 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 5 August 1984 under Article 25
(art. 25) of the Convention by Mr Mats Jacobsson, a Swedish national, who
complained of the lack of adequate access to a court regarding a dispute
concerning a decision to amend a building plan covering his property;
Recalling that the case was brought before the Court by the Commission
on 12 April 1989 and by the Government of Sweden on 23 May 1989;
Whereas in its judgment of 28 June 1990 the Court unanimously:
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that it was not necessary to examine the case under
Article 13 (art. 13);
- held that it did not have jurisdiction to examine the applicant's
complaint under Article 1 of Protocol No. 1 (P1-1);
- held that Sweden was to pay the applicant 10 000 Swedish crowns for
non-pecuniary damage and 80 000 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 28 June 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 of 28 June 1990,
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) 35
Information provided by the Government of Sweden
during the examination of the Mats Jacobsson case before
the Committee of Ministers
Since 1 July 1987, the Building Act 1947 has been replaced by the Plan and
Building Act 1987. According to Section 13, Article 4, of this Act, some
decisions on building permits can be examined by administrative courts. In
certain cases, however, the government is still the final instance. In those
cases, the government's decisions can be brought to the Supreme Administrative
Court in accordance with the provisions of the Act of 21 April 1988 on judicial
review of certain administrative decisions, which came into force on
1 June 1988.
The sums awarded by the Court were paid to the applicant on 30 July 1990.
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