CEDHCASELAW;RESOLUTIONS;EXECUTION;ENG17
CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 12 mars 1990
- ECLI
- ECLI:CEDH:001-55479
- Date
- 12 mars 1990
- Publication
- 12 mars 1990
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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Solution
source officielleInformation given by the government concerning measures taken to prevent new violations. Payment of the sums provided for in the judgment.
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Texte intégral
.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 Tre Traktörer Aktiebolag case delivered on 7 July 1989 and transmitted the same day to the Committee of Ministers;   Recalling that the case originated in an application against Sweden lodged with the European Commission of Human Rights on 23 January 1984 under Article 25 (art. 25) of the Convention by a Swedish limited liability company, Tre Traktörer Aktiebolag, who complained inter alia that it did not have the possibility of having a dispute relating to the revocation of its licence to serve alcoholic beverages examined by a court;   Recalling that the case was brought before the Court by the Commission on 14 March 1988;   Whereas in its judgment of 7 July 1989 the Court:   - held by six votes to one that Article 6, paragraph 1 (art. 6-1), of the Convention was applicable in the present case in its civil aspect but not in its criminal aspect;   - held by six votes to one that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;   - held unanimously that it was not necessary also to examine the case under Article 13 (art. 13) of the Convention;   - held unanimously that Article 1 of Protocol No. 1 (P1-1) was applicable in the present case;   - held unanimously that there had been no violation of Article 1 of Protocol No. 1 (P1-1) to the Convention;   - held by six votes to one that Sweden was to pay to the applicant company, for costs and expenses, 60 000 Swedish crowns;   - rejected unanimously 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 Goverment 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 the applicant company 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 (90) 1   Information provided by the Government of Sweden during the examination of the Tre Traktörer Aktiebolag 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 licence to serve alcoholic beverages.   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 60 000 Swedish crowns was paid to the applicant company on 8 September 1989.    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;RESOLUTIONS;EXECUTION;ENG
- Formation
- 17
- Date
- 12 mars 1990
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-55479
Données disponibles
- Texte intégral