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CASE OF VAN DE HURK AGAINST THE NETHERLANDS

Doc ref: 16034/90 • ECHR ID: 001-55595

Document date: September 21, 1994

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CASE OF VAN DE HURK AGAINST THE NETHERLANDS

Doc ref: 16034/90 • ECHR ID: 001-55595

Document date: September 21, 1994

Cited paragraphs only

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 Van de Hurk case delivered on 19 April 1994 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 1 December 1989 under Article 25 (art. 25) of the Convention by

M. Cornelis Petrus Maria Van de Hurk, a Dutch national, and that

the Commission has declared admissible the complaint that his case

had not been dealt with by an "independent and impartial" tribunal

since the Crown could decide that a judgment of the Industrial

Appeals Tribunal should not be implemented or suspend its

execution, as well as the complaint that he had not been afforded

a fair hearing before the Industrial Appeals Tribunal;

Recalling that the case was brought before the Court by the

Commission on 13 February 1993 and by the Government of the

Netherlands on 11 March 1993;

Whereas in its judgment of 19 April 1994 the Court:

- held, by six votes to three, that there had been a violation

of Article 6, paragraph 1 (art. 6-1), in that the applicant's civil

rights and obligations had not been "determined" by a "tribunal"

within the meaning of that provision;

- held, unanimously, that there had been no violation of

Article 6, paragraph 1 (art. 6-1), as regards the requirements of

fairness of proceedings;

- held, by eight votes to one, that the respondent state was

to pay to the applicant, within three months, 35 000 Dutch

guilders, together with any value-added tax which may be

chargeable, in respect of costs and expenses, to which was to be

added 6 336 French francs to be converted into Dutch currency at

the rate of exchange applicable on the date of delivery of this

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 19 April 1994, 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 9 August 1994 the Government

of the Netherlands has paid the applicant the sums provided for in

the judgment of 19 April 1994, i.e. a total sum of 43 200 Dutch

guilders,

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) 63

Information provided by the Government of the Netherlands

during the examination of the case of Van de Hurk

by the Committee of Ministers

As stated in the judgment of the Court (see paragraph 39), the

Industrial Appeals Act of 1954 (Wet Administratieve Rechtspraak

Bedrijfsorganisatie) has been repealed as of 1 January 1994.

On that date a General Administrative Code (Algemene Wet

Bestuursrecht) came into force, laying down new uniform rules of

administrative-law procedure. At the same time, the Industrial

Appeals Act 1954 was replaced by the Industrial Organisation

(Administrative Jurisdiction) Act (Wet Bestuursrechtspraak

Bedrijfsorganisatie). Under section 19 of that act, the new

uniform rules laid down in the General Administrative Code also

govern the procedure of the Tribunal.

There are no provisions in the new enactments similar to

section 74 of the Industrial Appeals Act, 1954 and empowering an

executive authority to interfere with the binding force of a

judgment.

The Government of the Netherlands considers that the new

legislation will prevent any repetition of the violation of the

Convention found by the Court in the present case.

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