VAN VLIMMEREN AND VAN ILVERENBEEK v. THE NETHERLANDS - 25989/94

The European Court of Human Rights (First Section), sitting as a Chamber composed of:

The Commission’s request referred to former Articles 44 and 48 and to the declaration whereby the Netherlands recognised the compulsory jurisdiction of the Court (former Article 46). The object of the request was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Article 6 § 1 of the Convention.

On 14 January 1999 the Panel of the Grand Chamber decided, pursuant to Article 5 § 4 of Protocol No. 11 to the Convention and Rules 100 § 1 and 24 § 6 of the Rules of Court, that the application would be examined by one of the Sections. It was, thereupon, assigned to the First Section.

The Chamber constituted within the Section included ex officio Mrs W. Thomassen, the judge elected in respect of the Netherlands (Article 27 § 2 of the Convention and Rule 26 § 1 (a) of the Rules of Court) and Mr L. Ferrari Bravo, President of the Section (Rules 12 and 26 § 1 (a)). The other members designated by the latter to complete the Chamber were Mr R. Türmen, Mr C. Bîrsan, Mr J. Casadevall, Mr B. Zupančič, and Mr R. Maruste.

In accordance with Rule 59 § 3 the President of the Chamber invited the parties to submit memorials on the issues in the application. The Registrar received the Government’s memorial on 7 April 1999. No memorial was received from the applicants. The applicants’ representative was requested on 8 October 1999 and 30 November 1999 to clarify whether, having not submitted a memorial, he nevertheless intended to submit claims for just satisfaction on behalf of the applicants. These letters remained unanswered.