The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the report drawn up by the European
Commission of Human Rights in accordance with Article 31
(art. 31) of the Convention relating to the application lodged
on 31 March 1987 by E. van Wijk B.V. against the Netherlands
(Application No. 12856/87);
Whereas on 28 August 1992 the Commission transmitted the
said report to the Committee of Ministers and whereas the period
of three months provided for in Article 32, paragraph 1
(art. 32-1), of the Convention has elapsed without the case
having been brought before the European Court of Human Rights in
pursuance of Article 48 (art. 48) of the Convention;
Whereas in its application the applicant company complained
that it did not have access to an independent and impartial
tribunal for the determination of its civil rights;
Whereas the Commission declared the application admissible
on 10 September 1991 and in its report adopted on 7 July 1992
expressed by nine votes to one the opinion that there had been
no violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 485th meeting of the Ministers' Deputies
held on 15 December 1992, the Committee of Ministers, agreeing
with the opinion expressed by the Commission, held, having voted
in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case
no violation of Article 6, paragraph 1 (art. 6-1), of the
Convention,
Declares that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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