Resolution CM/ ResDH (2011)268 [1]

Execution of the judgment of the European Court of Human Rights

Iselsten against Sweden

(Application No. 11320/05, judgment of 04/11/2008, final on 06/04/2009)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once they had become final;

Recalling that the violation of the Convention found by the Court in this case concerns excessive length of civil proceedings (violation of article 6 §1 ) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2011)268

Information on the measures taken to comply with the judgment in the case of

Iselsten against Sweden

Introductory case summary

This case concerns excessive length of domestic civil proceedings initiated by the applicant in order to hold the state liable for damages. The proceedings began on 17 March 1997 and ended on 14 September 2004 (violation of Article 6§1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

1 500 EUR

2 500 EUR

4 000 EUR

Paid on 04/06/2009

b) Individual measures

The proceedings in question are closed.

No other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The judgment was published together with a summary in Swedish on the government ’ s website ( www.mans k ligarattigheter.gov.se ) and on the website of the National Courts Administration ( www. d omstol.se ). It has been sent out to the relevant domestic courts and authorities including the courts concerned, the Swedish Supreme Court, the Courts of Appeal, the Bar Association, the Chancellor of Justice and the Parliamentary Ombudsmen. Measures have already been taken to avoid new, similar violations (see Resolution CM/ ResDH (2 0 09)70 in the case of Klemeco Nord AB and Rey and others against Sweden , Applications Nos. 73841/01 and 17350/03).

III. Conclusions of the respondent state

The government considers that no individual measure is required apart from the payment of the just satisfaction and that the general measures adopted will prevent similar violations and that Sweden has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 2 December 2011 at the 1128th Meeting of the Ministers’ Deputies