DOMBO BEHEER B.V. v. THE NETHERLANDS JUDGMENT
2
2. In response to the enquiry made in accordance with Rule 33 para. 3
(d) of the Rules of Court, the applicant company stated that it wished to take
part in the proceedings and designated the lawyer who would represent it
(Rule 30). On 1 March 1993 the President gave him leave to use the Dutch
language (Rule 27 para. 3).
3. The Chamber to be constituted included ex officio Mr S.K. Martens,
the elected judge of Netherlands nationality (Article 43 of the Convention)
(art. 43), and Mr R. Ryssdal, the President of the Court (Rule 21 para. 3
(b)). On 30 October 1992, in the presence of the Registrar, the President
drew by lot the names of the other seven members, namely Mr L.-E. Pettiti,
Mr B. Walsh, Mr I. Foighel, Mr R. Pekkanen, Mr M.A. Lopes Rocha, Mr G.
Mifsud Bonnici and Mr B. Repik (Article 43 in fine of the Convention and
Rule 21 para. 4) (art. 43). With effect from 1 January 1993 Mr R. Bernhardt,
substitute judge, replaced Mr Repik, whose term of office had come to an
end owing to the dissolution of the Czech and Slovak Federal Republic
(Articles 38 and 65 para. 3 of the Convention and Rules 22 para. 1 and 24
para. 1) (art. 38, art. 65-3).
4. As President of the Chamber (Rule 21 para. 5), Mr Ryssdal, acting
through the Registrar, consulted the Agent of the Netherlands Government
("the Government"), the applicant’s lawyer and the Delegate of the
Commission on the organisation of the proceedings (Rules 37 para. 1 and
38). Pursuant to the orders made in consequence, the Registrar received the
applicant’s memorial on 1 March 1993 and the Government’s memorial on
4 March 1993. The Secretary to the Commission informed the Registrar that
the Delegate would submit her observations at the hearing.
5. On 1 March 1993 the Commission produced certain documents from
its file which the Registrar had sought from it at the applicant company’s
request.
6. In accordance with the President’s decision, the hearing took place in
public in the Human Rights Building, Strasbourg, on 21 April 1993. The
Court had held a preparatory meeting beforehand.
There appeared before the Court:
- for the Government
Mr K. DE VEY MESTDAGH, Ministry of Foreign Affairs,
Agent,
Mr J.L. DE WIJKERSLOOTH DE WEERDESTEIJN, landsadvocaat, Counsel,
Mr P.A.M. MEIJKNECHT, Ministry of Justice,
Adviser;
- for the Commission
Mrs J. LIDDY,
Delegate;
- for the applicant
Mr D.W. BYVANCK, advocaat en procureur,
Counsel.
The Court heard addresses by Mr de Wijkerslooth de Weerdesteijn for
the Government, Mrs Liddy for the Commission and Mr Byvanck for the
applicant, and also replies to a question put by one of its members.