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DENEV AGAINST SWEDEN

Doc ref: 12570/86 • ECHR ID: 001-49296

Document date: October 23, 1990

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Cited paragraphs: 0
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DENEV AGAINST SWEDEN

Doc ref: 12570/86 • ECHR ID: 001-49296

Document date: October 23, 1990

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 22 July 1986 by Mr Martin Denev

against Sweden (Application No. 12570/86);

Whereas on 23 August 1989 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 an order to plant

certain trees on his property 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

18 January 1989 as regards the above-mentioned complaint and in its

report adopted on 4 July 1989 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 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 situations similar to the

one complained of in the present case;

Having examined the proposals made by the Commission concerning just

satisfaction for the applicant,

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;

Recommends, 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

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

Decides, therefore, that no further action is called for in this case.

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