Information Note on the Court’s case-law
December 1996
Terra Woningen B.V. v. the Netherlands - 20641/92
Judgment 17.12.1996
Article 6
Civil proceedings
Article 6-1
Civil rights and obligations
Refusal by District Court to consider content of soil-pollution report: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.SCOPE OF THE CASE BEFORE THE COURT
Compass of case before the Court is delimited by the Commission's decision on admissibility.
Conclusion: no jurisdiction to examine complaints declared inadmissible (eight votes to one).
II.ARTICLE 6 OF THE CONVENTION
A.Government's preliminary objection (non-exhaustion of domestic remedies)
Government not prevented from formulating preliminary objection at the stage of Commission's examination of admissibility - estoppel.
Conclusion: objection dismissed (unanimously).
B.Merits
Rent-determination proceedings in question "determination of civil rights and obligations" - "tribunal" must have jurisdiction to examine all questions of fact and law relevant to the dispute before it - District Court, by holding that risk to public health or environment was "necessarily implied" by Provincial Executive's decision, deprived itself of jurisdiction to examine facts crucial to the dispute.
Conclusion: violation (five votes to four).
III.ARTICLE 13 OF THE CONVENTION
Not argued that in present case violation of Article 13 might be found in the absence of a violation of Article 6 § 1.
Conclusion: not necessary to consider complaint (unanimously).
IV.ARTICLE 50 OF THE CONVENTION
A.Damage
No causal link between violation found and damage allegedly suffered.
B.Costs and expenses
No award in respect of costs and expenses incurred in the domestic proceedings - award in respect of Strasbourg proceedings.
Conclusion: respondent State to pay specified sum to applicant company (unanimously).
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This summary by the Registry does not bind the Court.
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