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The European Court of Human Rights (Second Section), sitting as a Chamber composed of:
The case originated in an application (no. 32576/96) against the Kingdom of Belgium lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Belgian national, Dr André Wynen, and the Centre Hospitalier Interrégional Edith-Cavell (CHIREC, formerly the Institut Médical Edith-Cavell –IMEC), a non-profit-making association with its registered office in Brussels (“the applicants”), on 12 July 1996.
The applicants alleged, in particular, that their right to a fair hearing (Article 6 § 1 of the Convention) had been infringed on several counts.
The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).
The application was allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1. Mrs F. Tulkens, the judge elected in respect of Belgium, withdrew from sitting in the case (Rule 28). The Government accordingly appointed Mr P. Lemmens to sit as an ad hoc judge (Article 27 § 2 of the Convention and Rule 29 § 1).
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