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ARNT ANDREASSEN AGAINST NORWAY

Doc ref: 17228/90 • ECHR ID: 001-49530

Document date: April 7, 1995

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Cited paragraphs: 0
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ARNT ANDREASSEN AGAINST NORWAY

Doc ref: 17228/90 • ECHR ID: 001-49530

Document date: April 7, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 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 by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the application lodged on 5 June 1990

by Mr Arnt Andreassen against Norway (Application No. 17228/90);

Whereas on 25 March 1994 the Commission transmitted the said

report to the Committee of Ministers and whereas the period of

three months provided for in Article 32, paragraph 1 (art. 32-1),

of the Convention has elapsed without the case having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in his application, as declared admissible by the

Commission on 12 January 1993, the applicant complained of the

length of certain civil proceedings concerning his right to buy a

piece of land by virtue of his allodial rights;

Whereas in its report adopted on 2 March 1994, the Commission

expressed, by ten votes to three, the opinion that there had been

a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

Whereas, at the 517th meeting of the Ministers' Deputies held

on 21 September 1994, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, having voted in

accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a

violation of Article 6, paragraph 1 (art. 6-1), of the Convention;

Whereas the Committee of Ministers examined the proposals made

by the Commission when transmitting its report as regards just

satisfaction to be awarded to the applicant, proposals supplemented

by a letter of the President of the Commission dated

20 January 1995;

Whereas, at the 530th meeting of the Deputies held on

1 March 1995, the Committee of Ministers decided, in accordance

with Article 32, paragraph 2 (art. 32-2), of the Convention, that

the Government of Norway was to pay the applicant as just

satisfaction, within three months, 13 500 Norwegian kroner in

respect of non-pecuniary damage and 18 500 Norwegian kroner in

respect of costs and expenses, namely a total sum of

32 000 Norwegian kroner;

Whereas the Committee of Ministers invited the Government of

Norway to inform it of the measures taken following its decisions

of 21 September 1994 and 1 March 1995, having regard to Norway's

obligation under Article 32, paragraph 4 (art. 32-4), of the

Convention to abide by them;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Norway gave the Committee

information about the measures taken in consequence of the

Committee's decisions, which information appears in the appendix to

this resolution;

Whereas the Committee of Ministers satisfied itself that the

Government of Norway paid the applicant within the prescribed

time-limit the total sum of 32 000 Norwegian kroner as just

satisfaction,

Declares, having taken note of the measures taken by the

Government of Norway, that it has exercised its functions under

Article 32 (art. 32) of the Convention in this case;

Authorises the publication of the report adopted by the

Commission in this case.

Appendix to Resolution DH (95) 26

Information provided by the Government of Norway

during the examination of the Arnt Andreassen case

by the Committee of Ministers

The Government of Norway has taken the following measures in

order to prevent the repetition of the violation of the Convention

found in the present case:

- on 3 February 1995 a circular was issued to all the county

governors and municipalities requesting that cases concerning

proceedings for redemption of allodial rights should be given

priority;

- on the same day the authority to take decisions in cases

concerning redemption of allodial rights was transferred from the

Ministry of Agriculture to the county agricultural committees;

- the Ministry of Agriculture is henceforth following up each

individual case with a view to ensuring that proceedings are not

unduly protracted.

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