DOMBO BEHEER B.V. v. THE NETHERLANDS JUDGMENT 16 38. The applicant company requested the Court primarily to award a sum by way of an advance on the amount to be paid eventually by the Government, sufficient for financial experts to be commissioned to carry out the above-mentioned assessment of losses. In the alternative, it requested the award of a sum by way of special legal assistance, sufficient for the same purpose. In the further alternative, it requested the Court to defer consideration of its Article 50 (art. 50) claim so as to give it the opportunity to obtain the required funds elsewhere. 39. The Government commented, firstly, that it was by no means certain that the national courts would have found for the applicant company if Mr van Reijendam had been heard and, secondly, that it would be incorrect to hold the Government responsible for the prejudice suffered by the applicant company, which was in any case primarily the consequence of the Bank’s actions. The Delegate of the Commission suggested that the Court take into account some loss of opportunities by way of pecuniary damage and the feeling of unequal treatment by way of non-pecuniary damage and award a sum on an equitable basis. 40. The Court considers that the question of these claims is ready for decision. The applicant company’s various claims for compensation for pecuniary and non-pecuniary damage - which have to be decided under a single head - are based on the assumption that it would have won its case if the national courts had allowed Mr van Reijendam to testify. The Court could not accept this assumption without itself assessing the evidence. The testimony of Mr van Reijendam before the Arnhem Court of Appeal could have resulted in the existence of two opposing statements, one of which would have to be accepted against the other on the basis of supporting evidence. It is not for the European Court of Human Rights to say which should be accepted. This part of the claim for just satisfaction must accordingly be dismissed. B. Costs and expenses 41. The applicant company claimed reimbursement of NLG 12,948 for lawyers’ fees and expenses in the proceedings before the Arnhem Court of Appeal. The applicant company further claimed a total of NLG 48,244.51 less the amounts paid and payable in legal aid for legal assistance before the Strasbourg institutions. The Delegate of the Commission did not comment. The Government expressed no opinion other than to remark that they found the amount of time spent on the case by the applicant company’s lawyer - 133 hours "somewhat staggering". 42. The Court notes that like the claim for compensation, the claim for reimbursement of costs and expenses incurred in the proceedings before the

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