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
Skärby 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 26 June 1986 under Article 25
(art. 25) of the Convention by the Estates of Mr and Mrs Skärby and their heirs
and children, Swedish nationals, who complained of a lack of access to a court
regarding a dispute concerning a refusal to grant them an exemption from a plan
prohibiting construction on a specific site;
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:
- held unanimously that it did not have jurisdiction to examine
the complaints concerning Articles 8, 17 and 18 (art. 8, art. 17, art. 18) of
the Convention and Article 1 of Protocol No. 1 (P1-1);
- held by five votes to two that there had been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
- held by six votes to one that Sweden was to pay to Mrs Ingegard Skärby,
Mrs Rigmor Skärby, Mrs Majken Skärby, Mr Bertil Skärby,
Mr Rolf Skärby and Mrs Lena Hedman a total of 30 000 Swedish crowns
for non-pecuniary damage;
- held unanimously that Sweden was to pay to the applicants
77 408 Swedish crowns in respect of costs and expenses;
- dismissed unanimously 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 applicants
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) 34
Information provided by the Government of Sweden
during the examination of the Skärby case
before the Committee of Ministers
Since 1 July 1987, the Building Act 1947 has been replaced by the 1987 Plan and
Building Act. According to Section 13, Article 4, of this Act, some decisions
on buildings 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 provided for in the Court's judgment have been paid to the applicants
on 31 July 1990.
Full & Egal Universal Law Academy