CASE OF MATS JACOBSSON v. SWEDENSEPARATE OPINION OF JUDGE DE MEYER

Doc ref: • ECHR ID:

Document date: June 28, 1990

Doc ref: • ECHR ID:

Document date: June 28, 1990

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SEPARATE OPINION OF JUDGE DE MEYER

Here again, as in the previously decided case of Allan Jacobsson, an

issue was raised concerning the determination of a person's rights of

property, as affected by planning and construction legislation and by

the implementation thereof. That sufficed, in my view, to render

Article 6 § 1 (art. 6-1) of the Convention applicable (1).

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(1) See further my concurring opinion in the Allan Jacobsson case,

Series A no. 163, p. 24.

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I also feel that the Court was not precluded from considering the

applicant's contention under Article 1 of the First Protocol (P1-1).

I still believe that, once a case is brought before it, the Court's

jurisdiction extends to all questions of fact and of law arising in

that case (2).

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(2) See the judgment in the cases of De Wilde, Ooms and Versyp,

18 June 1971, Series A no. 12, p. 29, §§ 47-49, and the Handyside

judgment, 7 December 1976, Series A no. 24, p. 20, § 41. See further

my separate opinions in the cases of W. v. the United Kingdom,

Series A no. 121-A, p. 42, and of Boyle and Rice, Series A no. 131,

p. 35, at II.

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