CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 3 février 1994

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the judgment of the European Court of Human Rights in the case of Dombo Beheer B.V. against the Netherlands delivered on 27 October 1993 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against the Netherlands lodged with the European Commission of Human Rights on 15 August 1988 under Article 25 (art. 25) of the Convention by a Netherlands limited liability company, Dombo Beheer B.V., which complained of the refusal of the courts, in the context of certain civil proceedings, to hear its director (or former director) as a witness while the manager of the branch office of its opponent was so heard;        Recalling that the case was brought before the Court by the Commission on 26 October 1992;        Whereas in its judgment of 27 October 1993 the Court:        - held by five votes to four that there had been a violation of Article 6, paragraph 1 (art. 6-1);        - held unanimously that the respondent state was to pay to the applicant company, within three months, 40 000 Netherlands guilders for costs and expenses incurred in the Strasbourg proceedings, less 16 185 French francs to be converted into Netherlands currency at the rate of exchange applicable at the date of delivery of the judgment;        - dismissed unanimously the remainder of the claim for just satisfaction;        Having regard to the rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;        Having invited the Government of the Netherlands to inform it of the measures which had been taken in consequence of the judgment of 27 October 1993, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;        Whereas, during the examination of the case by the Committee of Ministers, the Government of the Netherlands gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;        Having satisfied itself that on 16 December 1993 the Government of the Netherlands paid the applicant company the sum provided for in the judgment of 27 October 1993,        Declares, after having taken note of the information supplied by the Government of the Netherlands, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (94) 10      Information provided by the Government of the Netherlands              during the examination of the case of         Dombo Beheer B.V. by the Committee of Ministers        As appears from the judgment of the European Court of Human Rights in this case (see in particular paragraph 27 of the judgment), the law of evidence in civil proceedings was extensively amended by the Act of 3 December 1987, (Staatsblad [Official Gazette] 590), which entered into force on 1 April 1988.   It is the view of the Netherlands Government that these changes meet the requirements of the Convention.        The sum awarded by the Court, i.e. 34 791,67 Netherlands guilders, was paid to the applicant company on 16 December 1993.