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TRE TRAKTÖRER AKTIEBOLAG CASE

Doc ref: 10873/84 • ECHR ID: 001-55479

Document date: March 12, 1990

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TRE TRAKTÖRER AKTIEBOLAG CASE

Doc ref: 10873/84 • ECHR ID: 001-55479

Document date: March 12, 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 Tre Traktörer Aktiebolag case delivered on 7 July 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 23 January 1984

under Article 25 (art. 25) of the Convention by a Swedish limited liability

company, Tre Traktörer Aktiebolag, who complained inter alia that it

did not have the possibility of having a dispute relating to the

revocation of its licence to serve alcoholic beverages examined by a

court;

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

on 14 March 1988;

Whereas in its judgment of 7 July 1989 the Court:

- held by six votes to one that Article 6, paragraph 1 (art. 6-1), of

the Convention was applicable in the present case in its civil aspect but

not in its criminal aspect;

- held by six votes to one that there had been a violation of

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

- held unanimously that it was not necessary also to examine the case

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

- held unanimously that Article 1 of Protocol No. 1 (P1-1) was

applicable in the present case;

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

Protocol No. 1 (P1-1) to the Convention;

- held by six votes to one that Sweden was to pay to the applicant

company, for costs and expenses, 60 000 Swedish crowns;

- rejected 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, 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

applicant company 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 (90) 1

Information provided by the Government of Sweden

during the examination of the Tre Traktörer Aktiebolag case

before the Committee of Ministers

Under the terms of the Act of 21 April 1988 on judicial review of

certain administrative decisions, administrative decisions relating to

the application of legal provisions referred to in Chapter 8,

sections 2 and 3, of the Instrument of Government shall henceforth, at

the request of a private subject party to the proceedings, be subject

to review by the Supreme Administrative Court. The Court shall review

whether the decision in the case concerned is contrary to any legal

rule.

Sections 2 and 3 of Chapter 8 of the Instrument of Government refer to

provisions about the personal status of private subjects, about their

personal and economic interrelationships, about their obligations to

the community and about other interferences with their personal or

economic situation. The new Act therefore applies inter alia to

decisions to revoke a licence to serve alcoholic beverages.

The Act of 21 April 1988 entered into force on 1 June 1988 and shall

apply during an initial trial period to administrative decisions taken

between 1 June 1988 and 31 December 1991.

The sum of 60 000 Swedish crowns was paid to the applicant company on

8 September 1989.

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