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CASE OF HÅKANSSON AND STURESSON

Doc ref: 11855/85 • ECHR ID: 001-55497

Document date: November 16, 1990

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CASE OF HÅKANSSON AND STURESSON

Doc ref: 11855/85 • ECHR ID: 001-55497

Document date: November 16, 1990

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

HÃ¥kansson and Sturesson case delivered on 21 February 1990 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 in 1984 under Article 25 (art. 25) of

the Convention by Mr Gösta Håkansson and Mr Sune Sturesson, both Swedish

nationals, who complained of the compulsory resale of an agricultural estate

bought by them at a compulsory auction and of the absence of a court remedy for

challenging the lawfulness of administrative decisions;

Recalling that the case was brought before the Court by the Commission

on 14 December 1988 and by the Government of Sweden on 27 January 1989;

Whereas in its judgment of 21 February 1990 the Court:

- held unanimously that there had been no violation of Article 1

  of Protocol No. 1 (P1-1), taken alone or together with Article 14

  (art. 14+P1-1) of the Convention;

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

  paragraph 1 (art. 6-1), of the Convention as a result of the absence of any

  court remedy to challenge the decisions refusing the applicants the

  permit to retain Risböke 1:3;

- held by six votes to one that there had been no violation of

  Article 6, paragraph 1 (art. 6-1), as regards the proceedings before the

  Göta Court of Appeal;

- held unanimously that it was not necessary to examine the

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

- held unanimously that Sweden was to pay to the applicants, for

  costs and expenses, 60 000 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 Goverment of Sweden to inform it of the measures which had

been taken in consequence of the judgment of 21 February 1990, 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 the applicants

the sum provided for in the judgment of 21 February 1990,

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 (90) 32

Information provided by the Government of Sweden during the

examination of the HÃ¥kansson and Sturesson case before the

Committee of Ministers

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 to the situation complained of in this case.

The sum of 60 000 Swedish crowns awarded by the Court in respect of costs and

expenses has been paid to the applicants on 23 May 1990.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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