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 Pudas 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 30 March 1983 under Article 25 (art. 25) of the convention by Mr Bengt Pudas, a Swedish citizen, who complained that the revocation of a licence he held to transport persons on specified interurban routes violated Article 1 of Protocol No. 1 (P1-1) to the convention, and that there had also been a violation of Article 6, paragraph 1 (art. 6-1), of the convention in that he had no possibility of having the revocation of his licence reviewed by a court, as well as of Article 13 (art. 13) of the convention in that he had no effective remedy against the decision to revoke his licence;   Recalling that the case was brought before the Court by the Commission on 13 March 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 it was not necessary also to examine the case either under Article 13 (art. 13) of the convention or under Article 1 of Protocol No. 1 (P1-1);   - held that the respondent state was to pay to the applicant, in respect of non-pecuniary damage, 20 000 Swedish crowns and, in respect of costs and expenses, 56 100 Swedish crowns, less 2 720 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 sums 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) 16   Information provided by the Government of Sweden during the examination of the Pudas 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 transport licence.   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 73 229 Swedish crowns (that is 76 100 Swedish crowns less 2 720 French francs) was paid to the applicant on 28 November 1987.