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 17 October 1985 by Mr. Bengt Pudas against Sweden (Application
No. 12119/86);
Whereas on 24 April 1990 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 his application the applicant complained inter
alia that he had no possibility of having a dispute relating to
the duty to belong to a taxi exchange 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 September 1989 as regards the above-mentioned complaint and
in its report adopted on 6 March 1990 expressed unanimously the
opinion 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 Article 23, paragraph 1, of the new Act of
15 December 1988 on commercial transportation, which came into
force on 1 January 1989, most decisions concerning transportation
licences can henceforth be appealed against to the Administrative
Court of Appeal; in those cases where this act does not provide
for such a right to appeal, the Act of 21 April 1988 on judicial
review of certain administrative decisions, which provides for
a possibility of review by the Supreme Administrative Court, will
be applicable;
Having examined the proposals made by the Commission when
transmitting its report concerning just satisfaction for the
applicant, proposals supplemented by a letter of the President
of the Commission dated 6 June 1991,
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;
Having recommended, at the 462nd meeting of the Ministers'
Deputies (27 September 1991), 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 the sum of 13 500 Swedish crowns in respect of
costs and expenses,
Decides, therefore, that no further action is called for in
this case.
Full & Egal Universal Law Academy