1
TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
In the Tre Traktörer Aktiebolag case,
The European Court of Human Rights, sitting, in accordance with Article
43 (art. 43) of the Convention for the Protection of Human Rights and
Fundamental Freedoms ("the Convention") and the relevant provisions of
the Rules of Court, as a Chamber composed of the following judges:
Mr R. RYSSDAL, President,
Mr . CREMONA,
Mr Thór VILHJÁLMSSON,
Mr J. PINHEIRO FARINHA,
Mr R. MACDONALD,
Mr R. BERNHARDT,
Mrs E. PALM,
and also of Mr M.-A. EISSEN, Registrar, and Mr H. PETZOLD, Deputy
Registrar,
Having deliberated in private on 30 March and 21 June 1989,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1.
The present case was referred to the Court by the European
Commission of Human Rights ("the Commission") on 14 March 1988,
within the three-month period laid down by Article 32 para. 1 and Article 47
(art. 32-1, art. 47) of the Convention. The case originated in an application
(no. 10873/84) against the Kingdom of Sweden lodged with the
Commission on 23 January 1984 under Article 25 (art. 25) by a Swedish
limited company, Tre Traktörer Aktiebolag.
The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48)
and to the declaration whereby Sweden recognised the compulsory
jurisdiction of the Court (Article 46) (art. 46). The purpose of the request
was to obtain a decision as to whether or not the facts of the case disclosed a
breach by the respondent State of its obligations under Article 6 para. 1 (art.
6-1) of the Convention and Article 1 of Protocol No. 1 (P1-1).
2. In response to the enquiry made in accordance with Rule 33 para. 3
(d) of the Rules of Court, the applicant company stated that it wished to take
Note by the Registrar: The case is numbered 4/1988/148/202. The first number is the
case's position on the list of cases referred to the Court in the relevant year (second
number). The last two numbers indicate the case's position on the list of cases referred to
the Court since its creation and on the list of the corresponding originating applications to
the Commission.