CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 16 novembre 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 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 Nyberg case, delivered on 31 August 1990 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 9 June 1986 under Article 25 (art. 25) of the Convention by Mrs Birgitt Nyberg and Mr Lars Erik Nyberg, respectively German and Swedish nationals, who complained inter alia of a prohibition of removal imposed on them concerning their son after termination of public care;   Recalling that the Commission declared the application admissible on 4 October 1988 and in its report adopted on 15 March 1990 expressed unanimously the opinion inter alia that there had been a violation of Article 8 (art. 8) of the Convention;   Recalling that the case was brought before the Court by the Commission on 2l May 1990;   Whereas in its judgment of 31 August 1990 the Court, having taken formal note of a friendly settlement reached by the Government of Sweden and the applicants and having found that there were no reasons of public policy justifying the continuation of the proceedings, decided unanimously to strike the case out of its list;   Whereas under the above-mentioned friendly settlement it was agreed that:         - the Government accepted the conclusions at which the         Commission had arrived and which to a large extent were in line         with the opinions expressed by the Swedish Parliamentary Ombudsman         after her examination of the matter;         - the Government will pay the sum of 225 000 Swedish crowns to         Mr and Mrs Nyberg;         - the Government will pay the applicants' legal costs in the         amount of l60 000 Swedish crowns;   Recalling that Rule 49, paragraph 3, of the Court's Rules provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 (art. 54) of the Convention, the execution of any undertaking which may have been attached to the discontinuance or solution of the matter;   Having invited the Government of Sweden to inform it of the measures taken for the execution of the undertakings attached to the solution of the case;   Having satisfied itself that the Government of Sweden has paid to the applicants the sums provided for in the friendly settlement,   Declares that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.