15
TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
Health and Welfare on 13 July and 15 August 1983 (see paragraphs 19 and
21 above). The latter’s decision rejecting TTA’s appeal for a stay of
execution (see paragraph 21 above) was not open to review as to its
lawfulness by either the ordinary or the administrative courts or by another
body which could be considered a "tribunal" for the purposes of Article 6
para. 1 (art. 6-1). Furthermore, the Government did not seem to contest that
none of the above-mentioned administrative bodies met the requirements of
a "tribunal", and the Court agrees with the Commission and the applicant
that they did not.
49.
The Government also contended that persons who considered
themselves to be victims of an administrative error or a decision contrary to
Swedish law might bring an action against the State before the ordinary
courts and claim compensation under the Tort Liability Act (see paragraph
32 above). The Court, however, points out that the dispute at issue here
concerned the question whether TTA’s licence should be revoked and not
the authorities’ liability for fault or negligence. In this latter connection, the
Chancellor of Justice had expressed the opinion on 5 March 1984 that such
liability did not exist (see paragraph 22 above).
In these circumstances, this remedy does not meet the requirements of
Article 6 (art. 6).
C. Conclusion
50. The Court thus concludes that there has been a violation of Article 6
para. 1 (art. 6-1) of the Convention.
II.
ALLEGED VIOLATION OF ARTICLE 13 (art. 13) OF THE
CONVENTION
51. The applicant company contended that, contrary to Article 13 (art.
13) of the Convention, no "effective remedy before a national authority"
existed in respect of the matters of which it complained. This allegation was
based on the same facts as that under Article 6 para. 1 (art. 6-1).
Taking into account that the requirements of Article 13 (art. 13) are less
strict than, and are here absorbed by, those of Article 6 para. 1 (art. 6-1), and
that it has already found a violation of the latter Article (art. 6-1) (see
paragraph 50 above), the Court does not find it necessary to consider the
matter further (see, inter alia, the above-mentioned Pudas judgment, Series
A no. 125-A, p. 17, para. 43).