Resolution CM/ ResDH (2010)221 [1]

Execution of the judgment of the European Court of Human Rights

Swedish Transport Workers Union against Sweden

(Application No. 53507/99, judgment of 18 July 2006, final on 18 October 2006, strike-out)

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 it had become final;

Recalling that the applicant ’ s admissible complaint in this case concerns a breach to the right of access to a court to appeal against the Competition Authority ’ s decision, a violation acknowledged by the government before the Court (violation of Article 6, paragraph1);

Recalling that by a letter of 17 January 2006, the government of the respondent state acknowledged unequivocally before the Court the lack of access to a court in the present case and submitted that a legislative review of the limitations on access to a court was being carried out.

Recalling that the government undertook to pay the applicant 40 000 SEK as reparation for non ‑ pecuniary damage and 148 160 SEK for costs and expenses;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Whereas in its judgment the Court held that the requirements for the application of Article 37 paragraph 1 (c) of the Convention were met in the present case, and that no other particular consideration related to respect for the human rights guaranteed in the Convention, justified pursuit of the application under Article 37, paragraph 1 in fine and decided to strike the case out of the list;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment, having regard to it ’ s obligation under Article 46, paragraph 1 , of the Conve n tion to abide by it;

Having satisfied itself that, on 15 February 2007 (within the time-limit set), the government of the respondent state had paid the a p plicant the sums provided for in the judgment,

Recalling that following the entry into force of a new Competition Act on 1 November 2008, decisions of the Competition Authority may now be appealed;

Having examined the information supplied by the government of Sweden ,

DECLARES that it has exe r cised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and

DE CIDES to close its examination.

[1] Adopted by the Committee of Ministers on 2 December 2010 at the 1100th meeting of the Ministers’ Deputies