Comité de filtrage/Screening Panel
AFFAIRE ARIE MANTEL ET MANTEL HOLLAND BEHEER B.V. c. PAYS-BAS
CASE OF ARIE MANTEL AND MANTEL HOLLAND BEHEER B.V.
v. THE NETHERLANDS
(49/1997/833/1039)
DECISION
STRASBOURG
15 septembre/September 1997
In the case of Arie Mantel and Mantel Holland Beheer B.V. v. the Netherlands[1],
The Screening Panel of the European Court of Human Rights, constituted in accordance with Article 48 § 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) and Rule 26 of Rules of Court B[2],
Sitting in private at Strasbourg on 28 August 1997, and composed of the following judges:
MrJ. De Meyer, Chairman,
MrN. Valticos,
MrP. van Dijk,
and also of Mr H. Petzold, Registrar,
Having regard to the application against the Kingdom of the Netherlands lodged with the Court on 21 May 1997 by Mr Arie Mantel, a Netherlands national, and Mantel Holland Beheer B.V., a limited-liability company under Netherlands law, within the three-month period laid down by Article 32 § 1 and Article 47 of the Convention;
Whereas the Netherlands have recognised the compulsory jurisdiction of the Court (Article 46 of the Convention) and ratified Protocol No. 9 to the Convention, Article 5 of which amends Article 48 of the Convention so as to enable a person, non-governmental organisation or group of individuals having lodged a complaint with the European Commission of Human Rights (“the Commission”) to refer the case to the Court;
Noting that the present case has not been referred to the Court by either the Government of the respondent State or the Commission under Article 48 § 1 (a) or (d) of the Convention;
Having regard to the Commission’s report of 9 April 1997 on the application (no. 22531/93) lodged with the Commission by Mr Mantel and Mantel Holland Beheer B.V. on 13 July 1993;
Whereas the applicants complained of the length of criminal proceedings which had been brought against them before the Netherlands courts, and alleged a breach of Article 6 § 1 of the Convention, under which “In the determination ... of any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal ...”;
Whereas the applicants, in specifying the object of their application, as required by Rule 34 § 1 (a) of Rules of Court B, stated that they sought a decision by the Court holding that there had been a breach of Article 6 § 1 of the Convention and awarding them just satisfaction;
Having regard to Article 48 of the Convention and Rule 34 §§ 1 (a), 3 and 4 of Rules of Court B,
1.Finds that
(a)the case raises no serious question affecting the interpretation or application of the Convention, as the Court has already established case-law on the “reasonable time” requirement in Article 6 § 1 of the Convention; and
(b)the case does not, for any other reason, warrant consideration by the Court, as, in the event of a finding that there has been a breach of the Convention, the Committee of Ministers of the Council of Europe can award the applicants just satisfaction, having regard to any proposals made by the Commission;
2.Decides, therefore, unanimously, that the case will not be considered by the Court.
Done in English and in French, and notified in writing on 15 September 1997 pursuant to Rule 34 § 4 of Rules of Court B.
Signed: Jan DE MEYER
Chairman
Signed: Herbert PETZOLD
Registrar
[1]Notes by the Registrar
1. The case is numbered 49/1997/833/1039. The first number is the case’s position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case’s position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.
[2]2. Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning States bound by Protocol No. 9.
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