Resolution CM /ResDH(2007)60 [1]

Execution of the judgment of the European Court of Human Rights

Tibbling against Sweden

(Application No. 59129/00, judgment of 11 October 2005, final on 11 January 2006)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 referred to as “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 excessive length of civil proceedings related to the alleged exploitation of trade secrets, the breach of contract and the infringement of copyright (violation of Art. 6, paragraph 1) (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 plicants 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 judgment, 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;

Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix,

DECLARES 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(2007)60

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

Tibbling against Sweden

Introductory case summary

The case concerns the excessive length of certain civil proceedings, which began in 1995 and were still pending when the European Court gave judgment (at least 6 years and 3 months for one level of jurisdiction).

The European Court found that the proceedings had lasted too long. In addition, the adjournment of the case pending the outcome of other proceedings and that an ongoing sequestration order was upheld, had an unavoidable, serious and detrimental impact for the applicant (violation of Article 6, paragraph 1).

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

6 000 EUR

2 750 EUR

8 750 EUR

P aid on 22/02/2006

b) Individual measures

The proceedings were resumed in December 2006 following the completion of the other case mentioned above and will be finalised soon.

II. General measures

A summary of the European Court ' s judgment is available on the government ' s internet site ( www.manskligarattigheter.gov.se ), from where there is a link to the judgment in the HUDOC website. A summary of the judgment has been published on the website of the National Court ' s Administration ( www.domstol.se ). An explanatory report, together with a copy of the judgment, has been sent to the relevant judicial authorities.

III. Conclusions of the respondent state

The government considers that the measures taken will prevent similar new violations in the future in Sweden and as a consequence has fulfilled its obligations pursuant to Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 20 April 2007 at the 992nd meeting of the Ministers’ Deputies