COUNCIL OF EUROPE

COMMITTEE OF MINISTERS

INTERIM RESOLUTION DH (97) 359

HUMAN RIGHTS

APPLICATION No. 21370/93

LENNART GUSTAFSSON AGAINST SWEDEN

(Adopted by the Committee of Ministers on 11 July 1997

at the 597th meeting of the Ministers’ Deputies)

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

Having regard to the report drawn up on 4 September 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 2 September 1992 by Mr Lennart Gustafsson against Sweden (Application No. 21370/93);

Whereas on 7 October 1996 the Commission transmitted the said report to the Committee of Ministers and whereas 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, that within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 11 April 1997 that this case would not be considered by the Court; whereas the Committee of Ministers is therefore now 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 his application, declared admissible by the Commission on 7 September 1995, the applicant complained firstly of the excessive length of certain civil  proceedings concerning a dispute between the applicant and an unemployment insurance fund (IEAK) and secondly, of the absence of an oral hearing before the Supreme Insurance Court;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention due to the lack of an oral hearing in the Supreme Insurance Court. It also concluded unanimously, that there had been a violation of Article 6, paragraph 1, of the Convention as regards the length of the proceedings determining the dispute between the applicant and the insurance fund concerning the unemployment benefits;

Whereas at the 597th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by a decision adopted on 11 July 1997, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case violations of Article 6, paragraph 1, of the Convention on both above-mentioned counts;

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

Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.