Resolution ResDH(2005)53
concerning the judgments of the European Court of Human Rights
delivered on 14 September 2004 and 14 October 2004 (Friendly settlements)
in 3 cases against Sweden (see appendix) relating to the excessive length of proceedings
before civil and administrative courts
(Adopted by the Committee of Ministers on 21 June 2005,
at the 928th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgments of the European Court of Human Rights in the 3 cases listed in the appendix to this Resolution, which were delivered on 14 September 2004 and 14 October 2004 and transmitted the same days to the Committee of Ministers under Article 46 of the Convention;
Recalling that these cases originated in applications (see appendix) against Sweden, lodged with the European Commission of Human Rights between 22 May 1998 and 23 February 1999 under former Article 25 of the Convention by four Swedish nationals and a Swedish limited-liability company, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints related to the excessive length of certain proceedings concerning civil rights and obligations before civil or administrative courts;
Whereas in its judgments of 14 September 2004 and 14 October 2004 concerning these cases the Court, after having taken formal note of friendly settlements reached by the Government of the respondent State and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike these cases out of its list and took note of the parties' undertakings not to request a re-hearing of the cases before the Grand Chamber;
Whereas under the above-mentioned friendly settlements it was agreed that the government of Sweden would pay the applicants certain sums (see appendix), upon notification of the judgments;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) 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 once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on dates indicated in the appendix, the government of the respondent state had paid the applicants the sums provided in the friendly settlements and that no other measure was required in the present cases to conform to the Court's judgments;
Declares, after having examined the information supplied by the Government of Sweden, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases.
Appendix to Resolution ResDH(2005)53
Details of the sums agreed to in the friendly settlements
Case
Application
Date of judgment
Amount
Date of payment
FRÖDINGE GRUS & ÅKERI AB
44830/98
14/09/04
70 000 Swedish crowns
22/09/04
HELLBORG
45275/99
14/09/04
90 000 Swedish crowns
06/10/04
ANDERSSON and Others
49297/99
14/10/04
75 000 Swedish crowns
21/10/04
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