NYBERG CASE



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

Nyberg case, delivered on 31 August 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 9 June 1986 under Article 25

(art. 25) of the Convention by Mrs Birgitt Nyberg and Mr Lars Erik Nyberg,

respectively German and Swedish nationals, who complained inter alia of a

prohibition of removal imposed on them concerning their son after termination

of public care;

Recalling that the Commission declared the application admissible on

4 October 1988 and in its report adopted on 15 March 1990 expressed unanimously

the opinion inter alia that there had been a violation of Article 8 (art. 8) of

the Convention;

Recalling that the case was brought before the Court by the Commission on

2l May 1990;

Whereas in its judgment of 31 August 1990 the Court, having taken formal note of

a friendly settlement reached by the Government of Sweden and the applicants and

having found that there were no reasons of public policy justifying the

continuation of the proceedings, decided unanimously to strike the case out of

its list;

Whereas under the above-mentioned friendly settlement it was agreed that:

      - the Government accepted the conclusions at which the

        Commission had arrived and which to a large extent were in line

        with the opinions expressed by the Swedish Parliamentary Ombudsman

        after her examination of the matter;

      - the Government will pay the sum of 225 000 Swedish crowns to

        Mr and Mrs Nyberg;

      - the Government will pay the applicants' legal costs in the

        amount of l60 000 Swedish crowns;

Recalling that Rule 49, paragraph 3, of the Court's Rules provides that the

striking out of a case shall be effected by means of a judgment which the

President shall forward to the Committee of Ministers in order to allow it to

supervise, in accordance with Article 54 (art. 54) of the Convention, the

execution of any undertaking which may have been attached to the discontinuance

or solution of the matter;

Having invited the Government of Sweden to inform it of the measures taken for

the execution of the undertakings attached to the solution of the case;

Having satisfied itself that the Government of Sweden has paid to the applicants

the sums provided for in the friendly settlement,

Declares that it has exercised its functions under Article 54 (art. 54) of the

Convention in this case.

 

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