KONSTATINOV v. THE NETHERLANDS JUDGMENT 1 In the case of Konstatinov v. the Netherlands, The European Court of Human Rights (Third Section), sitting as a Chamber composed of: Mr B.M. ZUPANČIČ, President, Mr C. BÎRSAN, Mrs E. FURA-SANDSTRÖM, Mr E. MYJER, Mr DAVID THÓR BJÖRGVINSSON, Mrs I. ZIEMELE, Mrs I. BERRO-LEFÈVRE, judges, and Mr S. QUESADA, Section Registrar, Having deliberated in private on 29 March 2007, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 16351/03) against the Kingdom of the Netherlands lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 20 May 2003 by Ms Jadranka Konstatinov (“the applicant”), who was born in Serbia; at that time forming a part of the former Socialist Federal Republic of Yugoslavia of which the applicant was a citizen. 2. The applicant was represented by Mr P. Baudoin, a lawyer practising in 's-Hertogenbosch. The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry for Foreign Affairs. 3. On 31 January 2006 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility. 4. The Government of the State Union of Serbia and Montenegro, having been informed by the Section Registrar of their right to intervene (Article 36 § 1 of the Convention and Rule 44 of the Rules of Court), notified the Court on 4 May 2006 that they would not avail themselves of that right.

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