E. VAN WIJK B.V. AGAINST THE NETHERLANDS

Doc ref: 12856/87 • ECHR ID: 001-49343

Document date: December 15, 1992

Doc ref: 12856/87 • ECHR ID: 001-49343

Document date: December 15, 1992

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 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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