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WOLLART AGAINST SWEDEN

Doc ref: 12318/86 • ECHR ID: 001-49332

Document date: June 15, 1992

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WOLLART AGAINST SWEDEN

Doc ref: 12318/86 • ECHR ID: 001-49332

Document date: June 15, 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 30 May 1986 by Mr Rolf Wollart against Sweden (Application

No. 12318/86);

Whereas on 4 April 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 that he

had had no access to a Court concerning a dispute over a building

permit;

Whereas the Commission declared the application admissible

on 10 July 1989 as regards the above-mentioned complaint and in

its report adopted on 5 March 1991 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);

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 in accordance with

Article 31, paragraph 1 (art. 31-1), of the Convention, 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 February 1992;

Whereas on 2 April 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 15 000 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 2 April 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

28 April 1992 the Government of Sweden paid the applicant the

total sum of 25 000 crowns in respect of just satisfaction;

Whereas the Governement 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 in Resolutions DH(90)2, DH(90)34 and

DH(90)35 concerning the Allan Jacobsson, Skärby and

Mats Jacobsson cases, 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.

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