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CASE OF ZANDER AGAINST SWEDEN

Doc ref: 14282/88 • ECHR ID: 001-55611

Document date: March 21, 1994

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Cited paragraphs: 0
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CASE OF ZANDER AGAINST SWEDEN

Doc ref: 14282/88 • ECHR ID: 001-55611

Document date: March 21, 1994

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 case of Zander against Sweden delivered on

25 November 1993 and transmitted the same day to the Committee

of Ministers;

Recalling that the case originated in an application against

Sweden lodged with the European Commission of Human Rights on

2 September 1988 under Article 25 (art. 25) of the Convention by

Mr Lennart and Mrs Gunny Zander, two Swedish nationals, who

complained that it was not possible for them to have a court

review of an administrative decision authorising a company, which

specialised in the stocking and handling of household and

industrial waste, to increase its activities in the dump adjacent

to their property;

Recalling that the case was brought before the Court by the

Commission on 11 December 1992;

Whereas in its judgment of 25 November 1993 the Court

unanimously:

- held that Article 6, paragraph 1 (art. 6-1), applied to

the present case and had been violated;

- held that Sweden was to pay, within three months, to each

of the applicants 30 000 Swedish kronor for non-pecuniary damage,

and to the applicants jointly 145 860 Swedish kronor for costs

and expenses, less 16 626 French francs to be converted into

Swedish kronor at the rate applicable on the date of delivery of

the judgment;

- dismissed the remainder of the claim for just

satisfaction;

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 Sweden to inform it of the

measures which had been taken in consequence of the judgment of

25 November 1993, having regard to Sweden's 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 Sweden informed the Committee

that the Act of 21 April 1988 on Judicial Review of Certain

Administrative Decisions (see, inter alia, Resolution DH (88) 17

concerning the judgment of the European Court of Human Rights in

the Pudas case) applies also to disputes of the kind at issue in

the present case;

Having satisfied itself that on 24 December 1993 the

Government of Sweden has paid the applicants the sums provided

for in the judgment of 25 November 1993,

Declares, after having taken note of the information

supplied by the Government of Sweden, that it has exercised its

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

case.

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