CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 17 septembre 1992

.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 19 January 1986 by Mr Carsten Jacobsen against Sweden (Application No. 12032/86);        Whereas on 27 May 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 inter alia that he had no access to a court concerning a dispute over a building prohibition on his property;        Whereas the Commission declared the application admissible on 13 March 1989 and in its report adopted on 10 April 1991 expressed unanimously the opinion that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention, no violation of Article 1 of the first protocol (P1-1), no violation of Article 17 (art. 17) nor of Article 18 (art. 18) and that it was not necessary to examine separately whether there had been a violation of Article 13 (art. 13) of the Convention;        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, 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 but no violation of Articles 17 and 18 (art. 17, art. 18) and of Article 1 of the first protocol (P1-1);        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 10 April 1992;        Whereas on 15 May 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 35 000 Swedish 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 15 May 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 18 June 1992 the Government of Sweden paid the applicant the total sum of 45 000 Swedish crowns in respect of just satisfaction;        Whereas the Government 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 inter alia in Resolution DH(92)23 concerning the Wollart case, 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;        Authorised the publication of the report adopted by the Commission in this case.