Chipshol Presses Charges Against the State of the Netherlands at the European Court of Human Rights
By Chipshol, PRNETuesday, July 27, 2010
SCHIPHOL-RIJK, the Netherlands, July 28, 2010 - The Dutch land development and investment company Chipshol is
pressing charges against the State of the Netherlands at the European Court
of Human Rights. As the largest private sector party in the region of
Schiphol, Chipshol has been unlawfully obstructed by Schiphol and the State
of the Netherlands for fifteen years. This has prevented the development of
various Chipshol business parks. A construction ban was unlawfully declared
for one terrain in 2003. As Schiphol refused to pay compensation, Chipshol
started an action for damages. Partly due to the replacement, in 2007, of
three Haarlem judges, who had ordered Schiphol to pay for all damages in
2005, there has not been a fair trial.
Chipshol, founded in 1986, is the only large private land
development and investment company in the Schiphol region with in 1995 land
holdings of almost 600 hectares. Proposals to cooperate were continuously
refused by Schiphol, in response the airport started its own real estate
company: Schiphol Real Estate. From that time on, Schiphol attempted to
obstruct the development of Chipshol business parks with the support of all
government organisations involved in project development. As a consequence
not only the airport, but also the Air Traffic Control the Netherlands and
the province of North Holland have been ordered to pay damages to Chipshol.
The legal action at the European Court of Human Rights focuses on
a 30 hectare Chipshol terrain adjacent to the airport. Chipshol wishes to
establish a sizeable logistical business park. But the CEO of Schiphol, Mr
Cerfontaine, arranged a construction ban with the ministry of Transport,
Public Works and Water Management. This was partly based on a manipulated
report of Air Traffic Control the Netherlands [Dutch acronym LVNL]. Air
Traffic Control the Netherlands was ordered to pay damages to Chipshol by the
Court of Amsterdam on 15 December 2009. Earlier, on 12 January 2005, the
court of Haarlem had ordered Schiphol to pay damages to Chipshol because of
the unjust construction ban.
Shortly before determining the exact amount of compensation, all
three judges were replaced toward the end of the case, in early 2007. The new
judges then determined an extremely low level of compensation of 16 million
Euro, while Chipshol estimates the actual damages at almost 100 million Euro.
The court was advised on this issue by an expert commission which was
subsequently revealed to have close ties with Schiphol et al.
According to CEO Peter Poot of Chipshol, there has not been a
fair trial since the replacement of the three judges: "Fundamental legal
principles have now been violated in the Netherlands. This is why we are
going to the European Court of Human Rights." In a separate procedure,
Chipshol wishes to reconstruct why, and by whom, the judges were replaced at
the time, through a witness examination of six judges under oath.
The land development and investment company was recently able to
enforce a witness examination under oath of six (former) judges in The Hague
about the role of a vice-president of the Court of The Hague in the case. A
controversial judgement by judge Mr J. Westenberg prevented Chipshol from
competing with Schiphol Real Estate, the airport's Real Estate company, for
many years and caused it to lose approximately 450 hectares of land in the
Schiphol region. It subsequently transpired that Westenberg was closely
related to Chipshol's opponents, including the airport's lawyer, Mr T.R.B. de
Greve. Westenberg took early retirement and is now suspected of offences
including perjury, conflict of interest and corruption. The National Police
Internal Investigations Department is investigating his actions. In November,
Westenberg will be examined under oath by Chipshol together with other (ex)
members of the head of The Hague Court, a unique case by Dutch standards.
NOTE FOR THE EDITOR: For additional information please contact Peter Poot of Chipshol via +31-20-653-5599 or pp at chipshol.com.
Tags: Chipshol, July 28, Netherlands, Schiphol-rijk, The Netherlands