TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
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III. ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL NO. 1 (P11)
52. The applicant company further submitted that there had been in its
case a violation of Article 1 of Protocol No. 1 (P1-1) ("the Protocol"), which
provides:
"Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public interest
and subject to the conditions provided for by law and by the general principles of
international law.
The preceding provisions shall not, however, in any way impair the right of a State
to enforce such laws as it deems necessary to control the use of property in accordance
with the general interest or to secure the payment of taxes or other contributions or
penalties."
A. Applicability of Article 1 of the Protocol (P1-1)
53. The Government argued that a licence to serve alcoholic beverages
could not be considered to be a "possession" within the meaning of Article 1
of the Protocol (P1-1). This provision was therefore, in their opinion, not
applicable to the case.
Like the Commission, however, the Court takes the view that the
economic interests connected with the running of Le Cardinal were
"possessions" for the purposes of Article 1 of the Protocol (P1-1). Indeed,
the Court has already found that the maintenance of the licence was one of
the principal conditions for the carrying on of the applicant company’s
business, and that its withdrawal had adverse effects on the goodwill and
value of the restaurant (see paragraph 43 above).
Such withdrawal thus constitutes, in the circumstances of the case, an
interference with TTA’s right to the "peaceful enjoyment of [its]
possessions".
B. The Article 1 (P1-1) rule applicable to the case
54. Article 1 (P1-1) in substance guarantees the right of property (see
the Marckx judgment of 13 June 1979, Series A no. 31, pp. 27-28, para. 63).
It comprises "three distinct rules": the first rule, set out in the first sentence
of the first paragraph, is of a general nature and enunciates the principle of
the peaceful enjoyment of property; the second rule, contained in the second
sentence of the first paragraph, covers deprivation of possessions and
subjects it to certain conditions; the third rule, stated in the second
paragraph, recognises that the Contracting States are entitled, amongst other
things, to control the use of property by enforcing such laws as they deem