23
TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
DISSENTING OPINION OF JUDGE PINHEIRO FARINHA
DISSENTING OPINION OF JUDGE PINHEIRO FARINHA
(Translation)
1. I voted against finding a violation of Article 6 para. 1 (art. 6-1) of the
European Convention on Human Rights because I considered that this
provision was not applicable.
2. The right in question was not a civil right, but the right to carry on an
activity - serving alcoholic drinks in a restaurant - whose exercise is subject
to the grant by the authorities of a licence, which is not transferable (see
paragraph 17 of the judgment) and which may be revoked. If the manager of
the premises does not provide the necessary guarantees or if he fails to
satisfy the conditions laid down, the licence may lawfully be withdrawn
from him (see paragraphs 27 and 28).
The grounds on which a licence may be revoked fall exclusively within
the administrative sphere and relate to the achievement of social policy
objectives, so that disputes arising from such a measure are not covered by
Article 6 para. 1 (art. 6-1) of the Convention.