CEDH · PRESS;GENERAL;ENG — 2 décembre 2003

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s1EDCE63 { margin-top:0pt; margin-left:78pt; margin-bottom:0pt; text-indent:-78pt } .sEFD61ABF { width:3.98pt; text-indent:0pt; display:inline-block } .s71794E85 { width:20pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS     612   2.12.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASE OF AB KURT KELLERMANN v. SWEDEN   Tuesday 2 December 2003 at 9.30 p.m.   The applicant   The case concerns an application (no. 41579/98) brought by a Swedish limited liability company, AB Kurt Kellermann, involved in the Swedish textile industry. It was declared bankrupt on 17 June 1998 and dissolved on 30 March 2001.   Summary of the facts   AB Kurt Kellermann was not a member of an employers’ association and did not have a collective labour agreement covering its workforce of about 20 people. Two of the company’s employees were members of the Industrial Union ( Industrifacket ), affiliated to the Swedish Trade Union Confederation ( Landsorganisationen ).   In the spring of 1997 the Industrial Union tried unsuccessfully to negotiate a collective labour agreement with AB Kurt Kellermann. The applicant company maintained that its employment contracts were more favourable than the minimum terms and conditions proposed by the union. On 3 October 1997 the union took industrial action, going on strike and blocking access to the company premises.   On 17 October 1997 the company brought proceedings against the union, claiming its actions were illegal. The company also filed an objection to the composition of the Labour Court dealing with the case, as it was not made up only of professional judges. Two of the seven members participating in the case had been nominated by employers’ organisations and two by employees’ organisations. The company’s objection was rejected and the Labour Court found in favour of the union.   In later proceedings brought by the union – seeking a declaratory judgment that industrial action it intended to carry out was lawful – the Labour Court, on 9 March 1998, again rejected the applicant’s challenge to its impartiality. The court was accordingly composed in the same manner as in the earlier case. Again, it found in favour of the union and issued an interim decision that the industrial action was lawful.   Following industrial action in April 1998, AB Kurt Kellermann signed a collective agreement proposed by the union. The company was declared bankrupt in June 1998.   Complaint   The applicant company complains, under Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights, that that it did not have a fair hearing by an impartial tribunal.   Procedure   The application was lodged with the European Commission of Human Rights on 20 February 1998 and transmitted to the Court on 1 November 1998. It was declared partly admissible on 1 July 2003.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Nicolas Bratza (British), President , Matti Pellonpää (Finnish), Viera Strážnická (Slovakian), Marc Fischbach (Luxemburger), Stanislav Pavlovschi (Moldovan), Javier Borrego Borrego (Spanish), Elisabet Fura-Sandström (Swedish), judges , Josep Casadevall (Andorran) , Rait Maruste (Estonian) , Lech Garlicki (Polish) , substitute judges , and also Michael O’Boyle , Section Registrar .   Representatives of the parties   Government :   Eva Jagander, Agent, Cathrine Lilja Hansson, Stefan Hult, Jonas Alberg, Charlotte Hellner, Tommy Larsson, Advisers,   Applicant :   Jens Tillqvist, Counsel.   David Kellermann, former chairman of the applicant company, will also attend the hearing .     After the hearing the Court will begin its deliberations, which are held in private. A Judgment will be delivered at a later date.   ***   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.