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Entities to which International Guarantees Apply

Östergren and Others v Sweden (decision), 1 March 1991 [ECtHR]

 

Case no 13572/88


The applicants also complain that the effect of the Court of Appeal's decision was to enforce against them a closed shop of reindeer farming under the Sami village system contrary to Article 11 of the Convention. They find it to be a violation of that Article when membership of the Sami village is considered to override their traditional and longstanding rights. (...)

The Commission observes that the Sami village is not a private organisation but rather an institution created by legislation and the 1971 Reindeer Herding Act regulates membership of the Sami village. Such institutions of public law cannot be considered as associations within the meaning of Article 11 (Art. 11) of the Convention (No. 6094/73, Dec. 6.7.77, D.R. 9 p. 5, and Eur. Court H.R., Le Compte, Van Leuven and De Meyere judgment of 23 June 1981, Series A No. 43, pp. 26-27, paras. 64-65).

It follows that this complaint is manifestly ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.

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