CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 13 décembre 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 Darby case delivered on 23 October 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 20 November 1984, under Article 25 (art. 25) of the Convention, by Mr Peter Darby, a Finnish national, who complained that he had been discriminated against concerning the duty to pay a special tax to the Church of Sweden;   Recalling that the case was brought before the Court by the Commission on 13 July 1989 and by the Government of Sweden on 8 September 1989;   Whereas in its judgment of 23 October 1990 the Court unanimously:   - held that there had been a violation of Article 14 of the   Convention taken together with Article 1 of Protocol No. 1 (art. 14+P1-1);   - held that it was not necessary to examine the case under   Article 9 (art. 9) of the Convention taken either alone or together with   the said Article 14 (art. 14+9);   - held that Sweden was to pay the applicant 8 000   Swedish crowns for pecuniary damage and 90 000 Swedish crowns   for costs and expenses;   - 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 of 23 October 1990, 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 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 (90) 42   Information provided by the Government of Sweden during the examination of the Darby case before the Committee of Ministers   As can be seen from paragraph 23 of the Court's judgment, Section 1 of the 1951 Dissenters Tax Act was amended with effect from 1 January 1987 so that the taxpayer no longer has to be registered as resident in Sweden in order to benefit from the reduction of the Church tax.   The sums awarded to the applicant by the Court were paid on 8 November 1990.