CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 23 octobre 1990

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  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 22 July 1986 by Mr Martin Denev against Sweden (Application No. 12570/86);   Whereas on 23 August 1989 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 an order to plant certain trees on his property 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 18 January 1989 as regards the above-mentioned complaint and in its report adopted on 4 July 1989 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 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 to situations similar to the one complained of in the present case;   Having examined the proposals made by the Commission concerning just satisfaction for the applicant,   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;   Recommends, 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 10 000 Swedish crowns in respect of non-pecuniary damage;   Decides, therefore, that no further action is called for in this case.