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INGRID JORDEBO FOUNDATION OF CHRISTIAN SCHOOLS AGAINST SWEDEN

Doc ref: 11533/85 • ECHR ID: 001-49282

Document date: May 26, 1989

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INGRID JORDEBO FOUNDATION OF CHRISTIAN SCHOOLS AGAINST SWEDEN

Doc ref: 11533/85 • ECHR ID: 001-49282

Document date: May 26, 1989

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 2 May 1985 by the Ingrid Jordebo

Foundation of Christian Schools against Sweden (Application No. 11533/85);

Whereas on 21 January 1988 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 its application the applicant foundation complained inter

alia that it had no possibility of having a dispute concerning the

question whether a school administered by it should be approved for

running the seventh to ninth forms of compulsory school education

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

6 March 1987 as regards the above-mentioned complaint and in its

report adopted on 8 December 1987 expressed the opinion, by fifteen votes

to one, 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 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 would henceforth, at the

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

the Supreme Administrative Court, that the said Court would examine

whether a decision was contrary to any legal rule, and that the Act

applied inter alia to decisions not to allow a school to provide the

final stage of compulsory schooling;

Having examined the proposals made by the Commission concerning just

satisfaction for the applicant foundation,

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

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

and 14 000 Swedish crowns in respect of costs;

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

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