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 30 May 1986 by Mr Rolf Wollart against Sweden (Application
No. 12318/86);
Whereas on 4 April 1991 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 has 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 that he
had had no access to a Court concerning a dispute over a building
permit;
Whereas the Commission declared the application admissible
on 10 July 1989 as regards the above-mentioned complaint and in
its report adopted on 5 March 1991 expressed unanimously the
opinion that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention and that it was not
necessary to examine separately whether there had been a
violation of Article 13 (art. 13);
Whereas, at the 462nd meeting of the Ministers' Deputies
held on 27 September 1991, the Committee of Ministers, agreeing
with the opinion expressed by the Commission in accordance with
Article 31, paragraph 1 (art. 31-1), of the Convention, held,
having voted in accordance with the provisions of Article 32,
paragraph 1 (art. 32-1), of the Convention, that there had been
in this case a violation of Article 6, paragraph 1 (art. 6-1),
of the Convention;
Whereas the Committee of Ministers examined the proposals
made by the Commission, when transmitting its report, as regards
just satisfaction to be awarded to the applicant, proposals
supplemented by a letter of the President of the Commission dated
20 February 1992;
Whereas on 2 April 1992 the Committee of Ministers held, in
accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of Sweden was to pay the
applicant within three months 10 000 Swedish crowns in respect
of non-pecuniary damage and 15 000 crowns in respect of costs and
expenses;
Whereas the Committee of Ministers invited the Government
of Sweden to inform it of the measures taken following its
decisions of 27 September 1991 and 2 April 1992, having regard
to Sweden's obligation under Article 32, paragraph 4 (art. 32-4),
of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that on
28 April 1992 the Government of Sweden paid the applicant the
total sum of 25 000 crowns in respect of just satisfaction;
Whereas the Governement of Sweden informed the Committee of
Ministers that the Plan and Building Act 1987 and the Act
of 21 April 1988 on judicial review of certain administrative
decisions, already mentioned in Resolutions DH(90)2, DH(90)34 and
DH(90)35 concerning the Allan Jacobsson, Skärby and
Mats Jacobsson cases, would apply to situations comparable to the
one at issue in the present case,
Declares, having taken note of the measures taken by the
Government of Sweden, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case.
Full & Egal Universal Law Academy