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LANGBORGER CASE

Doc ref: 11179/84 • ECHR ID: 001-55513

Document date: September 27, 1991

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LANGBORGER CASE

Doc ref: 11179/84 • ECHR ID: 001-55513

Document date: September 27, 1991

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Langborger case delivered on 22 June 1989 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Sweden lodged with the European Commission of Human Rights on

7 September 1984 under Article 25 (art. 25) of the Convention by

Mr Rolf Langborger, a Swedish national, who complained in

particular that an action he brought concerning the terms of a

lease was not heard by an independent and impartial tribunal;

Recalling that the case was brought before the Court by the

Commission on 18 December 1987;

Whereas in its judgment of 22 June 1989 the Court:

- held by seventeen votes to three that there had been a

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

Convention;

- held unanimously that there had been no violation of

Articles 8 and 11 (art. 8, art. 11) of the Convention and of

Article 1 of Protocol No. 1 (P1-1);

- held unanimously that it was not necessary to examine the

case also under Article 13 (art. 13) of the Convention;

- held by nineteen votes to one that the respondent state

was to pay to the applicant, in respect of costs and expenses,

the sum of 63 475 Swedish crowns;

- dismissed unanimously the remainder of the claim for just

satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

Having invited the Government of Sweden to inform it of the

measures which had been taken in consequence of the judgment of

22 June 1989, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Sweden gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of Sweden has

paid to the applicant the sum provided for in the judgment,

Declares, after having taken note of the information

supplied by the Government of Sweden, that it has exercised its

functions under Article 54 (art. 54) of the Convention in this

case.

Appendix to Resolution DH(91)25

Information provided by the Government of Sweden

during the examination of the Langborger case

before the Committee of Ministers

The Lease Review Boards and Rent Review Boards Act 1973 and

the 1974 Act concerning the Housing and Tenancy Court were

amended on 30 May 1991. The amendments came into force on

1 July 1991.

According to paragraph 5.a of the 1991 Act amending the

Lease Review Boards and Rent Review Boards Act 1973, and

according to paragraph 14 amending the 1974 Act concerning the

Housing and Tenancy Court, the lay assessors who sit on the Rent

Review Boards and in the Housing and Tenancy Court must be

replaced by ordinary judges whenever there may be a conflict of

interest.

The sum of 63 475 Swedish crowns awarded to the applicant

by the Court was paid on 15 September 1989.

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