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 application lodged on 2 May 1985 by the Ingrid Jordebo
Foundation of Christian Schools against Sweden (Application No. 11533/85);
Whereas on 21 January 1988 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
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 its application the applicant foundation complained inter
alia that it had no possibility of having a dispute concerning the
question whether a school administered by it should be approved for
running the seventh to ninth forms of compulsory school education
examined by a tribunal satisfying the requirements of Article 6,
paragraph 1 (art. 6-1), of the convention;
Whereas the Commission declared the application admissible on
6 March 1987 as regards the above-mentioned complaint and in its
report adopted on 8 December 1987 expressed the opinion, by fifteen votes
to one, that there had been a violation of Article 6, paragraph 1
(art. 6-1), 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 the case, the Committee of
Ministers was informed by the Government of Sweden that, under the
terms of the Act of 21 April 1988 on judicial review of certain
administrative decisions, administrative decisions relating to the
application of legal provisions referred to in Chapter 8, sections 2
and 3, of the Instrument of Government would henceforth, at the
request of a private subject party to the proceedings, be reviewed by
the Supreme Administrative Court, that the said Court would examine
whether a decision was contrary to any legal rule, and that the Act
applied inter alia to decisions not to allow a school to provide the
final stage of compulsory schooling;
Having examined the proposals made by the Commission concerning just
satisfaction for the applicant foundation,
Decides, having voted in accordance with the provisions of
Article 32, paragraph 1 (art. 32-1), of the convention, that there
has been a violation of Article 6, paragraph 1 (art. 6-1), of the
convention in this case;
Takes note of the information provided by the Government of Sweden;
Recommends, under Rule 5 of the Rules adopted by the Committee of
Ministers for the application of Article 32 (art. 32) of the
convention, that the Government of Sweden pay to the applicant
foundation 10 000 Swedish crowns in respect of non-pecuniary damage
and 14 000 Swedish crowns in respect of costs;
Decides, therefore, that no further action is called for in this case.