CEDH · PRESS;GENERAL;ENG — 27 novembre 2002

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .s9CDDD697 { width:30.9pt; text-indent:0pt; display:inline-block } .s32AFAD20 { width:26.35pt; text-indent:0pt; display:inline-block } .s52668D90 { margin-top:0pt; margin-bottom:0pt; text-align:left; page-break-inside:avoid; page-break-after:avoid } .s37CDBE05 { margin-top:0pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s3133A7C8 { font-family:Arial; color:#0069d6 }   EUROPEAN COURT OF HUMAN RIGHTS     599   27.11.2002   Press release issued by the Registrar   GRAND CHAMBER HEARING ON THE ADMISSIBILITY AND MERITS IN THE CASE OF KLEYN AND OTHERS v. THE NETHERLANDS   Wednesday 27 November 2002 at 9.00 a.m.   The applicants   The case concerns four joined applications (nos. 39343/98, 39651/98, 43147/98 and 46664/99) brought by 23 Netherlands nationals and 12 Dutch companies, whose homes or business premises are located on or near the track of a new railway, the Betuweroute railway, which is currently being constructed and which runs across the Netherlands from the Rotterdam harbour to the German border.   Summary of the facts   All applicants took part in proceedings objecting to the decision on the determination of the exact routing of the Betuweroute railway, the so-called routing decision ( Tracébesluit ). This routing decision was taken under the procedure provided for in the Transport Infrastructure Planning Act ( Tracéwet ), as in force since 1 January 1994. In its decision of 28 May 1998, the Administrative Jurisdiction Division of the Council of State rejected most of the applicants’ complaints. Insofar as complaints were accepted as well-founded, new partial routing decisions were taken in 1998. The appeals filed against these new partial decisions were dismissed by the Administrative Jurisdiction Division in separate decisions taken between 16   April 1999 and 25 July 2000.   Complaint   The applicants complain, under Article 6 § 1 (right to a fair hearing before an independent tribunal) of the European Convention on Human Rights, that the Administrative Jurisdiction Division of the Council of State cannot be regarded as an independent and impartial tribunal in that the Council of State exercises both advisory functions, by giving advisory opinions on draft legislation, and judicial functions, by determining appeals under administrative law. The applicants, relying on the Court’s findings in its judgment of 28 September 1995 in the case of Procola v. Luxembourg , submit that the Council of State advised the Government on the Bill for the Transport Infrastructure Planning Act and that the routing decision they subsequently challenged before the Administrative Jurisdiction Division of the Council of State was taken on the basis of this Act.   Procedure   The applications were lodged with the European Commission of Human Rights between 8   July 1997 and 16 March 1998 and were transmitted to the Court on 1 November 1998. In its partial decision on admissibility taken on 3 May 2001, a Chamber of the First Section decided to communicate to the Netherlands Government the applicants’ complaint under Article 6 § 1, that the Administrative Jurisdiction Division could not be regarded as an independent and impartial tribunal, and to declare inadmissible the remainder of the applications. On 2 July 2002, jurisdiction in the case was relinquished in favour of the Grand Chamber. Requests by the Governments of Italy and France to make written third party submissions under Article 36 §   2 of the Convention were granted.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Georg Ress (German), Sir Nicolas Bratza (British), Gaukur Jörundsson (Icelandic), Lucius Caflisch [1] (Swiss), Karel Jungwiert (Czech), Volodymyr Butkevych (Ukrainian), Nina Vajić (Croatian), John Hedigan (Irish), Wilhelmina Thomassen (Dutch), Margarita Tsatsa-Nikolovska (FYROMacedonia), András Baka (Hungarian), Kristaq Traja (Albanian), Mindia Ugrekhelidze (Georgian), Vladimiro Zagrebelsky (Italian), judges , Viera Strážnická (Slovakian), substitute judges ,   and also Paul Mahoney , Registrar .     Representatives of the parties   Government:   Roeland   Böcker , Agent ,   Eric Daalder , Counsel , Bettie Drexhage , Lucia Ling Ket On , Wiepke Warmerdam , Advisers ;   Applicants:   Karel Leenhouts , Counsel, Tom Barkhuysen , Counsel , Carla Fenijn , Adviser;   The applicants Anthony Kleyn, Marcus Raymakers and Wilhelm Van Duyn will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility - and, if appropriate, a judgment - will be delivered at a later date. Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court. [1] .     Judge elected in respect of Liechtenstein.