TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
14
the licence-holder and the customers (see the above-mentioned Pudas
judgment, Series A no. 125-A, p. 16, para. 37).
Taking into account these circumstances, the Court is of the view that the
features of public law mentioned by the Government do not suffice to
exclude from the category of "civil rights" within the meaning of Article 6
para. 1 (art. 6-1) the rights conferred on TTA by virtue of the licence.
(c) Conclusion
44. The dispute in question did therefore concern a "civil right" of the
applicant company and Article 6 para. 1 (art. 6-1) is thus applicable in the
present case.
2. Determination of a "criminal charge"
45. According to the applicant company, section 64 of the 1977 Act
provides for sanctions against licensees, which must be considered to be of
a criminal character. Furthermore, in its decision of 13 July 1983 the
National Board of Health and Welfare had applied section 64(2) as amended
in 1982 (see paragraph 19 above), whereas the facts which underlay the
decision went back to 1980-1981 (see paragraph 11 above). There was thus,
in TTA’s opinion, a retroactive application of criminal provisions and, in
consequence, also a violation of Article 6 para. 2 and Article 7 (art. 6-2, art.
7) of the Convention.
46. The Court considers that the withdrawal of TTA’s licence did not
constitute the determination of a criminal charge against it. Although the
revocation may be regarded as a severe measure, it cannot be characterised
as a penal sanction; even if it was linked with the licensee’s behaviour, what
was decisive was suitability to sell alcoholic beverages.
It follows that Article 6 para. 1 (art. 6-1) is not applicable to the case in
this respect; nor are Article 6 para. 2 and Article 7 (art. 6-2, art. 7).
B. Compliance with Article 6 para. 1 (art. 6-1)
47. According to the Court’s case-law, Article 6 (art. 6) secures to
everyone the right to have any claim relating to his civil rights and
obligations brought before a court or tribunal (see the Golder judgment of
21 February 1975, Series A no. 18, p. 18, para. 36). Having regard to its
conclusion at paragraph 44 above, the Court must thus ascertain whether
TTA had the possibility of submitting its claim concerning the lawfulness of
the revocation of the licence in question to a tribunal meeting the
requirements of Article 6 para. 1 (art. 6-1).
48.
The dispute in question was determined by the County
Administrative Board, in its decisions of 7 January and 18 July 1983 (see
paragraphs 16 and 20 above), and on appeal by the National Board of