It concerned the grant of a permit by a municipal authority, with which the Dutch Government, then referred to as the Crown in legal cases, disagreed.
Several legal proceedings were brought in respect of this permit, which were ultimately decided by the Government itself, under the Kroonberoep procedure ('Crown appeal').
In April 1976, he applied to the municipal authorities for a permit to establish and maintain an installation for the delivery of liquefied petroleum gas (LPG), following the Nuisance Act (Hinderwet).
The Council of State, after hearing both parties and seeking advice from the Director General for Environmental Protection, gave the Minister of Public Health the recommendation to refuse the licence.
The Government argued that the Council of State acted as a court because it examined all the aspects of the case and came to a decision (provided the likelihood that the Minister of Public Health would follow its recommendation to the letter).
However, the Court assessed that the Council of State only provides advice without binding force and could therefore not fulfill the role of tribunal with regards to Article 6(1).
Thus, the Court held eleven votes to six that Article 6(1) was both applicable and violated, and Benthem had been denied a right to a fair trial.