CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 26 octobre 1988

.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 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 Bodén case, delivered on 27 October 1987 and transmitted the same day to the Committee of Ministers;   Recalling that the case originated in an application against the Kingdom of Sweden lodged with the European Commission of Human Rights on 10 January 1984 under Article 25 (art. 25) of the convention by Mr Gunnar Bodén, a Swedish citizen, who complained inter alia that he had no possibility of having a dispute relating to the issue of an expropriation permit affecting properties partly owned by him reviewed by a tribunal satisfying the requirements of Article 6, paragraph 1 (art. 6-1), of the convention;   Recalling that the case was brought before the Court by the Commission on 18 July 1986;   Whereas in its judgment of 27 October 1987 the Court unanimously:   - held that Article 6, paragraph 1 (art. 6-1), of the convention applied in the instant case;   - held that Article 6, paragraph 1 (art. 6-1), had been violated;   - held that the respondent state was to pay to the applicant in respect of costs and expenses the sum of 8 900 Swedish crowns, less 3 410 French francs to be converted into Swedish crowns at the rate applicable on the date of delivery of the judgment;   - rejected 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 Government 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 to the applicant 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 (88) 15   Information provided by the Government of Sweden during the examination of the Bodén 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 on the issuing of expropriation permits.   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 5 300,80 Swedish crowns (that is 8 900 Swedish crowns less 3 410 French francs) was paid to the applicant on 28 November 1987.