LEANDER v. SWEDEN JUGDMENT
3
Mr. K. BERGENSTRAND, Assistant Under-Secretary,
Ministry of Justice,
Mr. S. HÖGLUND, Head of Division,
National Police Board,
Advisers;
- for the Commission
Mr. H. SCHERMERS,
Delegate;
- for the applicant
Mr. D. TÖLLBORG,
Counsel,
Mr. J. LAESTADIUS,
Adviser.
8. The Court heard addresses by Mr. Corell for the Government, by Mr.
Schermers for the Commission and by Mr. Töllborg for the applicant, as
well as their replies to questions put by the Court and several judges.
AS TO THE FACTS
I. PARTICULAR CIRCUMSTANCES OF THE CASE
9. The applicant, Mr. Torsten Leander, is a Swedish citizen born in
1951 and a carpenter by profession.
10. On 20 August 1979, he started to work as a temporary replacement
in a post of museum technician (vikarierande museitekniker) at the Naval
Museum at Karlskrona in the south of Sweden. The museum is adjacent to
the Karlskrona Naval Base which is a restricted military security zone.
The applicant maintained before the Court that the intention was that he
should work for ten months in this post, while its ordinary holder was on
leave. He alleged that on 3 September he was told to leave his work pending
the outcome of a personnel control which had to be carried out on him in
accordance with the Personnel Control Ordinance 1969 (personalkontrollkungörelsen 1969:446 - see paragraphs 18-34 below). According to
the applicant, this control had been requested on 9 August 1979.
The Government submitted that the applicant was employed only from
20 August to 31 August 1979, as evidenced by a notice to this effect, issued
on 27 August 1979 by the Director of the Museum. They further contended
that in employing Mr. Leander the Director had committed two mistakes.
Firstly, it was not in accordance with the procedure prescribed in the
Ordinance and the relevant regulations issued thereunder to employ a person
before a personnel control had been undertaken and, secondly, the post had
not been properly declared vacant.
11. The necessary steps were taken on 30 August 1979. The post was
opened for application until 28 September 1979. Mr. Leander did not apply.