17 DOMBO BEHEER B.V. v. THE NETHERLANDS JUDGMENT Arnhem Court of Appeal is based on the assumption that the applicant company would have won its case if Mr van Reijendam had been heard (see paragraph 40 above). This claim must therefore be dismissed for the same reasons. 43. As for costs and expenses incurred in the proceedings before the Strasbourg institutions, the Court considers it reasonable, making an assessment on an equitable basis, to award the applicant company NLG 40,000 under this head less 16,185 French francs paid in legal aid. However, the Court does not consider it appropriate to require the payment of interest as the applicant company requested. FOR THESE REASONS, THE COURT 1. Holds by five votes to four that there has been a violation of Article 6 para. 1 (art. 6-1); 2. Holds unanimously that the respondent State is to pay to the applicant company, within three months, 40,000 (forty thousand) Netherlands guilders for costs and expenses incurred in the Strasbourg proceedings, less 16,185 (sixteen thousand one hundred and eighty-five) French francs to be converted into Netherlands currency at the rate of exchange applicable on the date of delivery of this judgment; 3. Dismisses unanimously the remainder of the claim for just satisfaction. Done in English and in French, and delivered at a public hearing in the Human Rights Building, Strasbourg, on 27 October 1993. Rolv RYSSDAL President Marc-André EISSEN Registrar In accordance with Article 51 para. 2 (art. 51-2) of the Convention and Rule 53 para. 2 of the Rules of Court, the dissenting opinion of Mr Martens, joined by Mr Pettiti, and the joint dissenting opinion of Mr Bernhardt and Mr Pekkanen are annexed to this judgment. R. R. M.-A. E.