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BAAKMAN AGAINST THE NETHERLANDS

Doc ref: 14224/88 • ECHR ID: 001-49354

Document date: September 21, 1993

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BAAKMAN AGAINST THE NETHERLANDS

Doc ref: 14224/88 • ECHR ID: 001-49354

Document date: September 21, 1993

Cited paragraphs only

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 16 May 1988

by Mr Johannes Paulus Emmanuel Baakman against the Netherlands

(Application No. 14224/88);

Whereas on 6 July 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 his application the applicant complained, inter

alia, of the excessive length of civil proceedings and of the lack

of an effective remedy against an infringement of his rights as an

owner;

Whereas the Commission declared the application admissible on

9 July 1991 and in its report adopted on 14 May 1992 expressed, by

fifteen votes to four, the opinion that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention, and,

unanimously, that there had been no violation of Article 13

(art. 13) of the Convention;

Whereas, at the 483rd meeting of the Ministers' Deputies held

on 10 November 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

18 February 1993;

Whereas on 9 March 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, 7 200 Dutch guilders in respect of

non-pecuniary damage and 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 10 November 1992 and 9 March 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 16 April 1993 the Government of the Netherlands paid the

applicant the sum of 7 200 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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