7
TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
Citykällaren was deficient in several respects. For instance, there are differences to be
found concerning the recorded sale of beverages. The explanations given by the
company regarding, inter alia, thefts of such beverages show, in the opinion of the
National Board of Health and Welfare, that those who have had a decisive influence
on the business have failed to demonstrate sufficient competence regarding both bookkeeping and internal control. Section 64 of the 1977 Act is therefore applicable in this
case.
The National Board of Health and Welfare finds that the deficiencies concern
compliance with section 70 of the 1977 Act and, as far as suitability is concerned, are
of such a nature that a measure other than revocation of the licence cannot be
considered. The fact that in the instant case the District Court has rejected the charges
of hindering a tax investigation does not affect this assessment.
In view of the above the appeal is allowed.
The National Board of Health and Welfare quashes the decision under appeal and
refers the matter back for further action."
This decision was not open to appeal.
20. On 18 July 1983 the County Administrative Board of Malmöhus
County decided to revoke, with immediate effect, TTA’s licence to serve
alcoholic beverages. The company states that, as a result, the restaurant had
to be closed down on the following day. However, this was disputed by the
Government.
21.
TTA appealed to the National Board of Health and Welfare,
requesting that the decision to revoke the licence should take effect as from
1 March 1984. The company stated that it would otherwise be faced with
financial problems on account of the applicable periods of notice for the
staff.
On 15 August 1983 the National Board of Health and Welfare rejected
the appeal. It considered that, having regard to its previous decision, there
were no reasons to depart from the general rule in section 67 of the 1977
Act that decisions under that Act should take effect immediately. This
decision was not open to appeal.
22. By letter of 23 January 1984, the applicant company submitted to
the Government a claim for compensation based on the decision to revoke
the licence. It requested the Government to find that the decision of the
County Administrative Board violated the company’s rights under the
European Convention on Human Rights. It further alleged that Swedish law
had been incorrectly applied.
On 16 February 1984 the Government decided to refer the claim for
compensation to the Chancellor of Justice (justitiekanslern) and not to take
any measures in the matter as regards the other issues. On 5 March 1984 the
Chancellor of Justice expressed the opinion that the claim for compensation
should be rejected; he found no indication that any authority had committed