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In the Olsson case,
The European Court of Human Rights, taking its decision in plenary session in pursuance of Rule 50
of the Rules of Court and composed of the following judges:
Mr. R. RYSSDAL, President,
Mr. J. CREMONA,
Mr. Thór VILHJÁLMSSON,
Mr. G. LAGERGREN,
Mr. F. GÖLCÜKLÜ,
Mr. F. MATSCHER,
Mr. J. PINHEIRO FARINHA,
Mr. L.-E. PETTITI,
Mr. B. WALSH,
Sir Vincent EVANS,
Mr. R. MACDONALD,
Mr. C. RUSSO,
Mr. R. BERNHARDT,
Mr. A. SPIELMANN,
Mr. J. DE MEYER,
and also of Mr. M.-A. EISSEN, Registrar, and Mr. H. PETZOLD, Deputy Registrar,
Having deliberated in private on 23 September 1987 and 25 February 1988,
Delivers the following judgment, which was adopted on the last-mentioned date:
PROCEDURE
1. The case was referred to the Court by the European Commission of Human Rights ("the
Commission") on 13 March 1987 and by the Government of the Kingdom of Sweden ("the
Government") on 13 April 1987, within the three-month period laid down by Article 32 § 1 and Article
47 (art. 32-1, art. 47) of the Convention for the Protection of Human Rights and Fundamental Freedoms
("the Convention"). The case originated in an application (no. 10465/83) against the Kingdom of
Sweden lodged with the Commission on 10 June 1983 under Article 25 (art. 25) by two Swedish
citizens, Mr. Stig and Mrs. Gun Olsson.
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); its purpose
was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of
its obligations under Articles 3, 6, 8, 13 and 14 (art. 3, art. 6, art. 8, art. 13, art. 14) of the Convention
and Article 2 of Protocol No. 1 (P1-2). The Government’s application sought the Court’s ruling on the
interpretation of Article 8 (art. 8) of the Convention in relation to those facts.
2. In response to the inquiry made in accordance with Rule 33 § 3 (d) of the Rules of Court, the
applicants stated that they wished to take part in the proceedings pending before the Court and
designated the lawyer who would represent them (Rule 30).
3. The Chamber of seven judges to be constituted included, as ex officio members, Mr. G.
Lagergren, the elected judge of Swedish nationality (Article 43 of the Convention) (art. 43), and Mr. R.
Ryssdal, the President of the Court (Rule 21 § 3 (b)). On 23 April 1987, the President drew by lot, in the
presence of the Registrar, the names of the five other members, namely Mr. Thór Vilhjálmsson, Mrs. D.
Bindschedler-Robert, Mr. R. Macdonald, Mr. R. Bernhardt and Mr. J.A. Carrillo Salcedo (Article 43 in
fine of the Convention and Rule 21 § 4) (art. 43).
4. On 25 June 1987, the Chamber decided under Rule 50 to relinquish jurisdiction forthwith in
favour of the plenary Court.
5. Having consulted, through the Registrar, the Agent of the Government, the Commission’s
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