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USKELA AGAINST SWEDEN

Doc ref: 10537/83 • ECHR ID: 001-49281

Document date: April 26, 1989

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USKELA AGAINST SWEDEN

Doc ref: 10537/83 • ECHR ID: 001-49281

Document date: April 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 11 May 1983 by Mr Väinö Uskela

against Sweden (Application No. 10537/83);

Whereas on 1 September 1987 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 the issuing of an

expropriation permit affecting property owned by him examined by a

tribunal satisfying the requirements of Article 6, paragraph 1

(art. 6-1), of the convention, and that the continuation of the

expropriation procedure after he had restored the property was

contrary to Article 1 of Protocol No. 1 (P1-1) to the convention;

Whereas the Commission declared the application admissible on

10 October 1985 as regards the above-mentioned complaints and in its

report adopted on 16 July 1987 expressed the opinion:

- unanimously, that there had been a violation of

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

- by seventeen votes to one, that there had been no violation of

Article 1 of Protocol No. 1 (P1-1);

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 on the issuing of expropriation

permits;

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:

a. that there has been a violation of Article 6, paragraph 1

(art. 6-1), of the convention in this case;

b. that there has been no violation of Article 1 of Protocol No. 1

(P1-1) to 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

20 000 Swedish crowns in respect of non-pecuniary damage and

60 000 Swedish crowns in respect of costs;

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

LEXI

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