IKON INDUSTRIËLE KONSULENTEN IN MARKETING-MANAGEMENT B.V. AND MARTIN SIMON AGAINST THE NETHERLANDS



     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 29 June 1990 by Ikon Industriële Konsulenten in

Marketing-Management B.V. and Mr Martin Simon against the

Netherlands (Application No. 17240/90);

     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 their application the applicants complained of

the length of certain civil proceedings;

     Whereas the Commission declared the application admissible

on 8 July 1991 and in its report adopted on 1 July 1992 expressed

unanimously the opinion that there had been a 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

a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

     Whereas the Committee of Ministers examined the proposals

made by the Commission when transmitting its report as regards

just satisfaction to be awarded to the applicant, proposals

supplemented by a letter of the President of the Commission dated

30 August 1993;

     Whereas on 15 October 1993 the Committee of Ministers held,

in accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of the Netherlands was to pay the

applicant within three months 26 000 Dutch guilders for just

satisfaction, which sum includes an amount of 18 643 Dutch

guilders for costs and expenses;

     Whereas the Committee of Ministers invited the Government

of the Netherlands to inform it of the measures taken following

its decisions of 15 December 1992 and 15 October 1993, having

regard to the Netherlands' obligation under Article 32,

paragraph 4 (art. 32-4), of the Convention to abide by them;

     Whereas the Committee of Ministers satisfied itself that on

10 December 1993 the Government of the Netherlands paid the

applicants the sum of 26 000 Dutch guilders in respect of just

satisfaction,

     Declares, having taken note of the measures taken by the

Government of the Netherlands, 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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