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 Tre Traktörer Aktiebolag case delivered on 7 July 1989 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 23 January 1984
under Article 25 (art. 25) of the Convention by a Swedish limited liability
company, Tre Traktörer Aktiebolag, who complained inter alia that it
did not have the possibility of having a dispute relating to the
revocation of its licence to serve alcoholic beverages examined by a
court;
Recalling that the case was brought before the Court by the Commission
on 14 March 1988;
Whereas in its judgment of 7 July 1989 the Court:
- held by six votes to one that Article 6, paragraph 1 (art. 6-1), of
the Convention was applicable in the present case in its civil aspect but
not in its criminal aspect;
- held by six votes to one that there had been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
- held unanimously that it was not necessary also to examine the case
under Article 13 (art. 13) of the Convention;
- held unanimously that Article 1 of Protocol No. 1 (P1-1) was
applicable in the present case;
- held unanimously that there had been no violation of Article 1 of
Protocol No. 1 (P1-1) to the Convention;
- held by six votes to one that Sweden was to pay to the applicant
company, for costs and expenses, 60 000 Swedish crowns;
- rejected 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 Goverment of Sweden to inform it of the measures
which had been taken in consequence of the judgment, 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
applicant company the sum provided for in the judgment,
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) 1
Information provided by the Government of Sweden
during the examination of the Tre Traktörer Aktiebolag case
before the Committee of Ministers
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 shall henceforth, at
the request of a private subject party to the proceedings, be subject
to review by the Supreme Administrative Court. The Court shall review
whether the decision in the case concerned is contrary to any legal
rule.
Sections 2 and 3 of Chapter 8 of the Instrument of Government refer to
provisions about the personal status of private subjects, about their
personal and economic interrelationships, about their obligations to
the community and about other interferences with their personal or
economic situation. The new Act therefore applies inter alia to
decisions to revoke a licence to serve alcoholic beverages.
The Act of 21 April 1988 entered into force on 1 June 1988 and shall
apply during an initial trial period to administrative decisions taken
between 1 June 1988 and 31 December 1991.
The sum of 60 000 Swedish crowns was paid to the applicant company on
8 September 1989.