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Zander v. Sweden

Country/Territory
European Union
Type of court
International court
Date
Nov 25, 1993
Source
UNEP, InforMEA
Court name
European Court of Human Rights
Seat of court
Strasbourg
Judge
GOTCHEV, D.
RYSSDAL, R.
BERNHARDT, R.
WALSH, B.
SPIELMANN, A.
PALM, E.
FOIGHEL, I.
LOIZOU, A.N.
LOPES ROCHA, M.A.
Reference number
14282/88
Language
English
Subject
Water, Environment gen., Legal questions
Keyword
Land tenure Foreign land tenure Human rights Water rights Potable water
Abstract
Article 6 provided the basis for a complaint that the applicants had been denied a remedy for threatened environmental harm. The applicants’ claim was directly concerned with their ability to use the water in their well for drinking purposes. Such ability was one facet of their right of property. The entitlement in issue was thus a ‘civil right’ and thus Article 6-1 was applicable. At the material time it was not possible for the applicants to have the relevant decision reviewed by a court. The applicability of Article 6 was based on the Court's finding that “the applicants could arguably maintain that they were entitled under Swedish law to protection against the water in their well-being polluted as a result of VAFAB's [the polluting company] activities on the dump.” Accordingly, the Court held that there had been a violation of Article 6-1 in their case.
Full text
COU-157042.pdf