13 DOMBO BEHEER B.V. v. THE NETHERLANDS JUDGMENT court about matters in which he had a part while the other person involved should not. This even applies regardless of any insufficiency of evidence in the sense that no other evidence is available " (Parlementaire Geschiedenis Nieuw Bewijsrecht, Parliamentary Drafting History of the New Law of Evidence, pp. 189-90) It should be observed that differences continue to exist between a witness who is a party to the proceedings in question and a witness who is not. For present purposes, it is sufficient to note that pursuant to Article 213 para. 1 CCP the statement of a witness who is party to the proceedings "concerning the facts to be proved by him cannot provide evidence to his advantage, unless the statement supplements incomplete evidence". PROCEEDINGS BEFORE THE COMMISSION 28. Dombo applied to the Commission on 15 August 1988. It alleged that the refusal of the courts to hear its director (or former director) as a witness while the manager of the branch office of its opponent was so heard placed it at a disadvantage vis-à-vis its opponent and so constituted a breach of the principle of "equality of arms" enshrined in Article 6 para. 1 (art. 6-1) of the Convention. 29. On 3 September 1991 the Commission declared the application (no. 14448/88) admissible. In its report of 9 September 1992 (made under Article 31) (art. 31), it expressed the opinion, by fourteen votes to five, that there had been a violation of Article 6 para. 1 (art. 6-1). The full text of the Commission’s opinion and of the dissenting opinion contained in the report is reproduced as an annex to this judgment. AS TO THE LAW I. ALLEGED VIOLATION OF ARTICLE 6 PARA. 1 (art. 6-1) 30. The applicant company complained about the refusal by the national courts to allow its former managing director, Mr van Reijendam, to give evidence, whereas the branch manager of the Bank, Mr van W., who had been the only other person present when the oral agreement was entered into, had been able to testify. In its contention, the national courts had  Note by the Registrar: for practical reasons this annex will appear only with the printed version of the judgment (volume 274 of Series A of the Publications of the Court), but a copy of the Commission's report is available from the registry.