resolution DH ( ) 313

HUMAN RIGHTS

APPLICATION No. 23749/94

Brown & Williamson Tobacco Corporation AGAINST Finland

(Adopted by the Committee of Ministers on 25 September 1998 at the 640th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of H u man Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 2 December 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 8 March 1994 by a limited liability company Brown & Williamson Tobacco Corporation against Finland;

Whereas on 26 January 1998 the Commission transmitted the said report to the Committee of Ministers and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Convention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; considering, however within this time-limit, the applicant company seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 7 August 1998 that this case would not be considered by the Court; whereas the Co m mittee of Ministers is now therefore called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;

Whereas in its application, as declared admissible by the Commission on 3 December 1996, the applicant company complained of the absence of an oral hearing before an independent and impartial tribunal and the unfairness of the proceedings ;

Whereas in its report the Commission expressed, by thirty-one votes to one, the opinion that there had been no violation of Article 6, paragraph 1, of the Co n vention with regard to the absence of an oral hearing before and independent and impartial tribunal and, unanimously, that there had been no violation of Article 6, paragraph 1, of the Convention with regard to the fairness of the proceedings ;

Whereas, at the 640th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 25 September 1998, that there had been in this case no violation of Article 6, par a graph 1, of the Convention with regard to the absence of an oral hearing before an independent and impartial tribunal and that there had been no violation of Article 6, paragraph 1, with regard to the fairness of the proceedings,

Declares, that it has exercised its fun c tions under Article 32 of the Convention in this case;

Authorises the publication of the report adopted by the Commission in this case.