GUSTAFSSON v. SWEDENPARTLY DISSENTING OPINION OF MM. TRECHSEL AND BRATZA

Doc ref: • ECHR ID:

Document date: January 10, 1995

Doc ref: • ECHR ID:

Document date: January 10, 1995

Cited paragraphs only

PARTLY DISSENTING OPINION OF MM. TRECHSEL AND BRATZA

While we are in agreement with all the other findings of the

majority, we regret that we have to dissent on the issue raised under

Article 13 of the Convention for the following reason:

The Commission found a violation of Article 11 of the Convention

in that the State failed to secure to the applicant the enjoyment of

his freedom of association. This violation consists in the absence of

effective protection against industrial action which was regarded as

excessive and unjustified.

We are of the opinion that this finding answers also the

allegation that the applicant did not enjoy the right to an effective

remedy. This leads us to the conclusion that no separate issue arises

under Article 13 in the present case.

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