CASE OF DOMBO BEHEER B.V. AGAINST THE NETHERLANDS



     The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

     Having regard to the judgment of the European Court of Human

Rights in the case of Dombo Beheer B.V. against the Netherlands

delivered on 27 October 1993 and transmitted the same day to the

Committee of Ministers;

     Recalling that the case originated in an application against

the Netherlands lodged with the European Commission of Human

Rights on 15 August 1988 under Article 25 (art. 25) of the

Convention by a Netherlands limited liability company, Dombo

Beheer B.V., which complained of the refusal of the courts, in

the context of certain civil proceedings, to hear its director

(or former director) as a witness while the manager of the branch

office of its opponent was so heard;

     Recalling that the case was brought before the Court by the

Commission on 26 October 1992;

     Whereas in its judgment of 27 October 1993 the Court:

     - held by five votes to four that there had been a violation

of Article 6, paragraph 1 (art. 6-1);

     - held unanimously that the respondent state was to pay to

the applicant company, within three months, 40 000 Netherlands

guilders for costs and expenses incurred in the Strasbourg

proceedings, less 16 185 French francs to be converted into

Netherlands currency at the rate of exchange applicable at the

date of delivery of the judgment;

     - dismissed unanimously the remainder of the claim for just

satisfaction;

     Having regard to the rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

     Having invited the Government of the Netherlands to inform

it of the measures which had been taken in consequence of the

judgment of 27 October 1993, having regard to its obligation

under Article 53 (art. 53) of the Convention to abide by it;

     Whereas, during the examination of the case by the Committee

of Ministers, the Government of the Netherlands gave the

Committee information about the measures taken in consequence of

the judgment, which information appears in the appendix to this

resolution;

     Having satisfied itself that on 16 December 1993 the

Government of the Netherlands paid the applicant company the sum

provided for in the judgment of 27 October 1993,

     Declares, after having taken note of the information

supplied by the Government of the Netherlands, that it has

exercised its functions under Article 54 (art. 54) of the

Convention in this case.

               Appendix to Resolution DH (94) 10

   Information provided by the Government of the Netherlands

             during the examination of the case of

        Dombo Beheer B.V. by the Committee of Ministers

     As appears from the judgment of the European Court of Human

Rights in this case (see in particular paragraph 27 of the

judgment), the law of evidence in civil proceedings was

extensively amended by the Act of 3 December 1987, (Staatsblad

[Official Gazette] 590), which entered into force on

1 April 1988.  It is the view of the Netherlands Government that

these changes meet the requirements of the Convention.

     The sum awarded by the Court, i.e. 34 791,67 Netherlands

guilders, was paid to the applicant company on 16 December 1993.

 

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