Search
document

Document text Analytics

JACOBSEN AGAINST SWEDEN

Doc ref: 12032/86 • ECHR ID: 001-49333

Document date: September 17, 1992

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

JACOBSEN AGAINST SWEDEN

Doc ref: 12032/86 • ECHR ID: 001-49333

Document date: September 17, 1992

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 19 January 1986 by Mr Carsten Jacobsen against Sweden

(Application No. 12032/86);

Whereas on 27 May 1991 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 the applicant complained inter

alia that he had no access to a court concerning a dispute over

a building prohibition on his property;

Whereas the Commission declared the application admissible

on 13 March 1989 and in its report adopted on 10 April 1991

expressed unanimously the opinion that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention, no

violation of Article 1 of the first protocol (P1-1), no violation

of Article 17 (art. 17) nor of Article 18 (art. 18) 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 462nd meeting of the Ministers' Deputies

held on 27 September 1991, 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 but no violation of Articles 17 and 18 (art. 17,

art. 18) and of Article 1 of the first protocol (P1-1);

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

10 April 1992;

Whereas on 15 May 1992 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 35 000 Swedish crowns in respect of

costs and expenses;

Whereas the Committee of Ministers invited the Government

of Sweden to inform it of the measures taken following its

decisions of 27 September 1991 and 15 May 1992, 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

18 June 1992 the Government of Sweden paid the applicant the

total sum of 45 000 Swedish crowns in respect of just

satisfaction;

Whereas the Government of Sweden informed the Committee of

Ministers that the Plan and Building Act 1987 and the act of

21 April 1988 on judicial review of certain administrative

decisions, already mentioned inter alia in Resolution DH(92)23

concerning the Wollart case, would apply to situations comparable

to the one at issue in the present case,

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;

Authorised the publication of the report adopted by the

Commission in this case.

LEXI

Lexploria AI Legal Assistant