Resolution CM/ ResDH (2009)13 [1]

Execution of the judgment of the European Court of Human Rights

Stockholms Försäkrings - och Skadeståndsjuridik Ab against Sweden

(Application No. 38993/97, judgment of 16 September 2003, final on 16 December 2003)

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 violations of the Convention found by the Court in this case concern the unjustified strict liability to pay bankruptcy costs imposed upon the applicant company and as a result the deprivation of its possessions as well as the lack of an effective remedy in this respect (violations of Article 1 of Protocol No. 1 and Article 13) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with Sweden ’ s 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 company 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 by the Court in its 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

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2009)13

Information about the measures to comply with the judgment in the case of

Stockholms Försäkrings - och Skadeståndsjuridik Ab against Sweden

Introductory case summary

The case concerns the obligation of the applicant company to pay receiver ’ s costs arising from a bankruptcy which was subsequently found to have been erroneous and annulled by the Supreme Court. The European Court found that since the applicant had not by its actions contributed to the declaration of bankruptcy, the error being solely attributable to the responsible court, it should not have to pay the resulting costs. The appropriation of the assets of the bankruptcy estate of the company in order to pay these costs on the basis of the erroneous declaration of bankruptcy by the Swedish courts was thus not proportionate to the public interest in the case (violation of Article 1 of Protocol No. 1).

The case also concerns the absence of an effective remedy in these particular circumstances which could be considered capable of providing relief for the grievances in respect of Article 1 of Protocol No. 1 (violation of Article 13).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

200 EUR

-

12 500 EUR

12 700 EUR

Paid on 13/02/2004

b) Individual measures

The European Court awarded the applicant company, as pecuniary damages, the amount of the bankruptcy costs plus interest.

II. General measures

Chapter 17§3 of the Bankruptcy Act ( Konkurslagen 1987:672 ) has been amended by Law 2005:190, which entered into force on 1 May 2005. According to the new law, if a bankruptcy decision is quashed, the creditor applying for bankruptcy shall compensate the debtor for bankruptcy costs taken out of the estate, unless the debtor has caused the costs by his own negligence. In addition, a decision by a District Court on responsibility for bankruptcy costs may be appealed to the Court of Appeal and then to the Supreme Court.

The judgment of the European Court has been distributed to the authorities concerned and a summary has been published in the Bulletin of the National Courts Administration and in the legal journal Svensk Juristtidning . A summary of the judgment is also available on the government ’ s website ( www.manskligarattigheter.gov.se ), from where there is a link to the judgments on HUDOC.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violations of the Convention found by the European Court in this case, that these measures will prevent new 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 9 January 2009 at the 1043 rd meeting of the Ministers’ Deputies