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CASE OF FREDIN v. SWEDEN (No. 1)

Doc ref: 12033/86 • ECHR ID: 001-55509

Document date: May 13, 1991

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Cited paragraphs: 0
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CASE OF FREDIN v. SWEDEN (No. 1)

Doc ref: 12033/86 • ECHR ID: 001-55509

Document date: May 13, 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 Fredin case delivered on 18 February 1991 and

transmitted the same day to the Committee of Ministers;

Recalling that the case has its origin in an application against

Sweden lodged with the European Commission of Human Rights

on 5 March 1986 under Article 25 (art. 25) of the Convention by

Mr Anders Fredin and Mrs Maria Fredin, Swedish nationals, who

complained of the revocation of a permit to exploit a gravel pit

belonging to them and of the lack of access to a court with a

view to challenging the Government's decisions in this respect;

Recalling that the case was brought before the Court by the

Commission on 14 December 1989;

Whereas in its judgment of 18 February 1991 the Court

unanimously:

- held that no violation of Article 1 of Protocol No. 1

(P1-1) had been established;

- held that there had been no violation of the

above-mentioned article taken together with Article 14

(art. 14+P1-1) of the Convention;

- held that there had been a violation of Article 6,

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

- held that Sweden was to pay to the applicants

10 000 Swedish crowns in respect of non-pecuniary damage and

75 000 in respect of costs and expenses;

- dismissed the remainder of the claim for just

satisfaction;

Having regard to the "Rules 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

18 February l99l, having regard to its obligation under

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

Whereas, during the examination of the case by the Committee of

Ministers, the Government of Sweden informed the Committee of 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 applicants the sums provided for in the judgment of

18 February 1991,

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)11

Information provided by the Government of Sweden

during the examination of the Fredin case

by the Committee of Ministers

With reference to paragraph 36 of the Court's judgment, the

Swedish Government recalls that since the entry into force

on 1 June 1988 of the Act on judicial review of certain

administrative decisions, the lawfulness of inter alia

revocations of exploitation permits may be challenged before the

Supreme administrative Court.

The sums awarded by the Court were paid to the applicants

on 11 March 1991.

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