DOMBO BEHEER B.V. v. THE NETHERLANDS JUDGMENT 14 thereby failed to observe the principle of "equality of arms", in breach of its right to a "fair hearing" as guaranteed by Article 6 para. 1 (art. 6-1), which reads: "In the determination of his civil rights and obligations ..., everyone is entitled to a fair ... hearing ..." This view was subscribed to by the Commission but contested by the Government. 31. The Court notes at the outset that it is not called upon to rule in general whether it is permissible to exclude the evidence of a person in civil proceedings to which he is a party. Nor is it called upon to examine the Netherlands law of evidence in civil procedure in abstracto. The applicant company does not claim that the law itself was in violation of the Convention; besides, the law under which the decisions complained of were given has since been replaced. In any event, the competence of witnesses is primarily governed by national law (see, as recent authorities and mutatis mutandis, the Lüdi v. Switzerland judgment of 15 June 1992, Series A no. 238, p. 20, para. 43, and the SchulerZgraggen v. Switzerland judgment of 24 June 1993, Series A no. 263, p. 21, para. 66). It is not within the province of the Court to substitute its own assessment of the facts for that of the national courts. The Court’s task is to ascertain whether the proceedings in their entirety, including the way in which evidence was permitted, were "fair" within the meaning of Article 6 para. 1 (art. 6-1) (see, inter alia and mutatis mutandis, the judgments referred to above, loc. cit.). 32. The requirements inherent in the concept of "fair hearing" are not necessarily the same in cases concerning the determination of civil rights and obligations as they are in cases concerning the determination of a criminal charge. This is borne out by the absence of detailed provisions such as paragraphs 2 and 3 of Article 6 (art. 6-2, art. 6-3) applying to cases of the former category. Thus, although these provisions have a certain relevance outside the strict confines of criminal law (see, mutatis mutandis, the Albert and Le Compte v. Belgium judgment of 10 February 1983, Series A no. 58, p. 20, para. 39), the Contracting States have greater latitude when dealing with civil cases concerning civil rights and obligations than they have when dealing with criminal cases. 33. Nevertheless, certain principles concerning the notion of a "fair hearing" in cases concerning civil rights and obligations emerge from the Court’s case-law. Most significantly for the present case, it is clear that the requirement of "equality of arms", in the sense of a "fair balance" between the parties, applies in principle to such cases as well as to criminal cases (see the Feldbrugge v. the Netherlands judgment of 26 May 1986, Series A no. 99, p. 17, para. 44).

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