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CASE OF SIGURÐUR A. SIGURJÓNSSON AGAINST ICELAND

Doc ref: 16130/90 • ECHR ID: 001-55645

Document date: May 4, 1995

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CASE OF SIGURÐUR A. SIGURJÓNSSON AGAINST ICELAND

Doc ref: 16130/90 • ECHR ID: 001-55645

Document date: May 4, 1995

Cited paragraphs only



     The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

     Having regard to the judgment of the European Court of Human

Rights in the Sigurdur A. Sigurjonsson case delivered on

30 June 1993 and transmitted the same day to the Committee of

Ministers;

     Recalling that the case originated in an application

(No. 16130/90) against Iceland lodged with the European Commission

of Human Rights on 22 December 1989 under Article 25 (art. 25) of

the Convention by Mr Sigurdur A. Sigurjonsson, an Icelandic

national, and that the Commission declared admissible the

complaints regarding the obligation, imposed by law, upon the

applicant to be a member of a specific private-law association

(trade-union) in order not to lose his taxi-driver's licence;

     Recalling that the case was brought before the Court by the

Commission on 10 July 1992;

     Whereas in its judgment of 30 June 1993 the Court unanimously:

     - held by eight votes to one that there had been a violation

of Article 11 (art. 11);

     - held unanimously that it was not necessary to examine the

case under Articles 9 (art. 9) or 10 (art. 10);

     - held unanimously that it was also not necessary to determine

whether there had been a violation of Article 13 (art. 13);

     Whereas in its judgment of 30 June 1993 the Court unanimously

rejected the remainder of the applicant's claim for just

satisfaction;

     Whereas in its judgment of 30 June 1993 the Court unanimously:

     - held that the respondent state was to pay, for legal fees

and expenses, 2 134 401 Icelandic crowns, less 14 863 French francs

to be converted into Icelandic crowns at the rate applicable on the

date of delivery of the judgment;

     Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

     Having invited the Government of Iceland to inform it of the

measures which had been taken in consequence of the judgment of

30 June 1993, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

     Whereas, during the examination of the case by the Committee

of Ministers, the Government of Iceland gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

     Having satisfied itself that on 21 July 1993 the Government of

Iceland paid the applicant the sum provided for in the judgment in

the case of Sigurjonsson of 30 June 1993,

     Declares, after having taken note of the information supplied

by the Government of Iceland, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

                Appendix to Resolution DH (95) 36

        Information provided by the Government of Iceland

   during the examination of the Sigurdur A. Sigurjonsson case

                  by the Committee of Ministers

     By Act No. 61/1995, which entered into force on 8 March 1995,

the Icelandic Parliament has abolished the requirement that taxi

operators in Iceland have to belong to a specified union in order

to obtain a license to conduct business.  There is, accordingly, no

longer any risk of repetition of the violation of Article 11

(art. 11) of the Convention found by the Court in the present case.

     The just satisfaction awarded by the Court was paid on

21 July 1993.

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