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PUDAS AGAINST SWEDEN

Doc ref: 12119/86 • ECHR ID: 001-49319

Document date: December 13, 1991

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Cited paragraphs: 0
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PUDAS AGAINST SWEDEN

Doc ref: 12119/86 • ECHR ID: 001-49319

Document date: December 13, 1991

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 17 October 1985 by Mr. Bengt Pudas against Sweden (Application

No. 12119/86);

Whereas on 24 April 1990 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 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 possibility of having a dispute relating to

the duty to belong to a taxi exchange examined by a tribunal

satisfying the requirements of Article 6, paragraph 1 (art. 6-1),

of the Convention;

Whereas the Commission declared the application admissible

on 6 September 1989 as regards the above-mentioned complaint and

in its report adopted on 6 March 1990 expressed unanimously the

opinion that there had been a violation of Article 6,

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

Agreeing with the opinion expressed by the Commission in

accordance with Article 31, paragraph 1 (art. 31-1), of the

Convention;

Whereas, during the examination of the case, the Committee

of Ministers was informed by the Government of Sweden that, under

the terms of Article 23, paragraph 1, of the new Act of

15 December 1988 on commercial transportation, which came into

force on 1 January 1989, most decisions concerning transportation

licences can henceforth be appealed against to the Administrative

Court of Appeal; in those cases where this act does not provide

for such a right to appeal, the Act of 21 April 1988 on judicial

review of certain administrative decisions, which provides for

a possibility of review by the Supreme Administrative Court, will

be applicable;

Having examined the proposals made by the Commission when

transmitting its report concerning just satisfaction for the

applicant, proposals supplemented by a letter of the President

of the Commission dated 6 June 1991,

Decides, having voted in accordance with the provisions of

Article 32, paragraph 1 (art. 32-1), of the Convention, that

there has been a violation of Article 6, paragraph 1 (art. 6-1),

of the Convention in this case;

Takes note of the information provided by the Government of

Sweden;

Having recommended, at the 462nd meeting of the Ministers'

Deputies (27 September 1991), under Rule 5 of the Rules adopted

by the Committee of Ministers for the application of Article 32

(art. 32) of the Convention, that the Government of Sweden pay

to the applicant the sum of 13 500 Swedish crowns in respect of

costs and expenses,

Decides, therefore, that no further action is called for in

this case.

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