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W. AND OTHERS AGAINST SWEDEN

Doc ref: 12835/87 • ECHR ID: 001-49353

Document date: June 11, 1993

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W. AND OTHERS AGAINST SWEDEN

Doc ref: 12835/87 • ECHR ID: 001-49353

Document date: June 11, 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 15 July 1985 by Mr. P.W., Mr. G.O., Mr. B.S., Mrs. M.H.,

Mr. O.N., Mrs. H.N., Mr. A.N., Mrs. E.N. and Mrs. F.N. against

Sweden (Application No. 12835/87);

Whereas on 6 May 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 their application the applicants complained of

the absence of the right to a court review of a decision to adopt

a working-plan for a road running over the applicants'

properties;

Whereas the Commission declared the application admissible

on 5 March 1991 and in its report adopted on 1 April 1992

expressed unanimously the opinion that there had been a violation

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

it was not necessary to examine separately whether there had been

a violation of Article 13 (art. 13) of the Convention;

Whereas, at the 479th meeting of the Ministers' Deputies

held on 17 September 1992, 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 applicants, proposals

supplemented by a letter of the President of the Commission dated

15 January 1993;

Whereas on 9 March 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, within

three months, in respect of non-pecuniary damage, to the

applicants Nos. 1 to 4 and No. 7 the sum of 10 000 Swedish crowns

each, to applicants Nos. 5 and 6 jointly the sum of 10 000

Swedish crowns and to applicants Nos. 8 and 9 jointly the sum of

10 000 Swedish crowns, namely a total sum of 70 000 Swedish

crowns;

Whereas the Committee of Ministers invited the Government

of Sweden to inform it of the measures taken following its

decisions of 17 September 1992 and 9 March 1993, having regard

to Sweden's obligation under Article 32, paragraph 4 (art. 32-4),

of the Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that on

2 June 1993 the Government of Sweden paid the applicants the sum

of 70 000 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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