0002?9
Supreme Court, dismissed his appealfor annulment, after having excluded his
supplementary pleadings from the hearing.
26. The Court notes that the evidence on file shows that the highest
competent
court, that is the Supreme Court of C6te d'lvoire, dismissed the cassation
application filed by the Applicant, thus bringing an end to the procedures
before the national courts.
27. However, the Respondent State alleges failure to exhaust the local remedies
on the grounds that the relevant procedures were directed against a private
entity. On this point, the Court notes that exhaustion of local remedies
proceeds from the use of all the procedural steps provided under the legal
system of the Respondent State for the settlement of issues brought before
the competent national authoritiesz. Viewed from this perspective, the local
remedies are supposed to be directed against the entity which the Applicant
considers to be responsible for the alleged violation, be it an individual, a
private law entity or a public entity, such as the State.
case, the Court notes that the initial dispute was between
AGRILAND of which the Applicant alleges to be the founder and majority
28. ln the instant
shareholder, and CGP Company. Since the two Parties are private law bodies
corporate, domestic proceedings could not have been instituted against the
State of C6te d'lvoire, except to prove the latter's liability. lt is therefore proper
that the proceedings before the domestic courts were instituted against CGP
and not the State.
Zongo, Judgment on preliminary objections, supra, paras. 68-70; APDH Judgment supra, para. 68-70
Judgment APDH, suPra, Para. 93-106
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