84. The Respondent State presents that the appeal against the decision to withdraw
the customs agent licence of SOCOTRAC, the suspension of the container
terminal as well as the cutting of the radio and TV signals should have been
exhausted before the Courts in Benin.
85.lt expressly cites Article 818 of Law No. 2008/07 of 28 February 2011 on the
Commercial , Social, and Administrative and Accounting Procedure in the Republic
of Benin which provides that: "Administrative Courts shall have jurisdiction over all
cases arising from all acts emanating from all administrative authorities in their area of
jurisdiction. The following may result from such cases: 1. Application to set aside a
judgment for abuse of power by administrative authorities; 2..."
86. The Respondent State contends that pursuant to this Article 818 , decisions
rendered by the Directorate of Customs and Indirect Taxes on the withdrawal of
SOCOTRAC customs agency license and the suspension of the container terminal
of the same company are administrative decisions which may be challenged in
administrative courts.
87. Regarding the disruption of radio and TV signals by the Higher Audio-visual and
Communication Authority (HAAC), the Respondent State invokes Article 65 of
Organic Law No 92-021 of 21 August 1992 which provides that "Apart from
disciplinary action, the decisions of the HigherAudio-visual and Communications Authority
are subject to appeal before the Administrative Chamber of the Supreme Court".
88. It contends that in regard to the afore-mentioned two complaints, the Applicant
seized the Administrative Chamber of the Cotonou First Class Court of First
Instance, of an Application for annulment, and that this action is still pending before
the said Chamber.
89. For the Respondent State , the arguments adduced by the Applicant are null and
void in as much as the matter has neither been unduly prolonged nor are the
remedies ineffective; it prays the Court to declare the Application and all
subsequent requests inadmissible.
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I