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AXELSSON, GASPER, HJELM AND NISSEN AGAINST SWEDEN

Doc ref: 12213/86 • ECHR ID: 001-49294

Document date: June 11, 1990

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AXELSSON, GASPER, HJELM AND NISSEN AGAINST SWEDEN

Doc ref: 12213/86 • ECHR ID: 001-49294

Document date: June 11, 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 15 January 1986 by

Mr Jon Axelsson, Mr Roy Gasper, Mr Lars-Erik Hjelm and

Mr Stig Nissen against Sweden (Application No. 12213/86);

Whereas on 5 June 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 their application the applicants complained inter alia that

they had no possibility of having a dispute relating to the granting

of reserve taxi licences examined by a tribunal satisfying the

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

Whereas the Commission declared the application admissable on

10 October 1988 as regards the above-mentioned complaint and in its

report adopted on 11 April 1989 expressed the opinion, by twelve votes

to four, 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 law 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 concerning just

satisfaction for the applicants,

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 each of the

applicants the sum of 10 000 Swedish crowns in respect of

non-pecuniary damage, and to the applicants as a group the sum

of 40 500 Swedish crowns for legal costs;

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

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