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ÖNAPUU AGAINST SWEDEN

Doc ref: 13625/88 • ECHR ID: 001-49367

Document date: December 14, 1993

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Cited paragraphs: 0
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ÖNAPUU AGAINST SWEDEN

Doc ref: 13625/88 • ECHR ID: 001-49367

Document date: December 14, 1993

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 9 June 1987

by Ms Siv Öunapuu against Sweden (Application No. 13625/88);

Whereas on 15 October 1992 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 her application the applicant complained, inter

alia, of the absence of a right to a court review of a division of

building plots affecting a piece of real estate owned by her;

Whereas the Commission declared the application admissible on

14 October 1991 and in its report adopted on 2 September 1992

expressed unanimously the opinion that there had been a violation

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

Whereas, at the 487th meeting of the Ministers' Deputies held

on 26 January 1993, 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 5 July 1993;

Whereas on 21 September 1993 the Committee of Ministers held,

in accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of Sweden was to pay the applicant

within three months 10 000 Swedish crowns in respect of

non-pecuniary damage and 23 000 Swedish crowns for costs;

Whereas the Committee of Ministers invited the Government of

Sweden to inform it of the measures taken following its decisions

of 26 January and 21 September 1993, having regard to Sweden's

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

Convention to abide by them;

Whereas the Government of Sweden informed the Committee of

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

Certain Administrative Decisions, already mentioned in, inter alia,

Resolution DH (90) 2 concerning the Allan Jacobsson case, would

apply to situations comparable to the one at issue in the present

case;

Whereas the Committee of Ministers satisfied itself that on

18 November 1993 the Government of Sweden paid the applicant the

total sum of 33 000 Swedish crowns in respect of just satisfaction,

Declares, having taken note of the measures taken by the

Government of Sweden, 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.

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