Court’s determination: 41. Article 30(2) of the Treaty provides for the time within which proceedings in this Court may be instituted. The Article reads as follows: “The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be.” 42. Rule 39(1) of this Court’s Rules of Procedure requires parties to proceedings before the Court to annex to their pleadings all the documentation that they intend to rely on in support of their claims. For ease of reference the Rule is reproduced below: “There shall be annexed to the original of every pleading certified copies of any relevant document in support of the contentions contained in the pleading.” 43. On the other hand, Rule 41 of the same Rules enjoins parties to raise Preliminary Objections by pleading. It reads: “(1) A party may by pleading raise any preliminary objection. (2) Where a respondent intends to raise a preliminary objection s/he shall, before the scheduling conference under Rule 53 of these Rules, give not less than seven (7) days’ written notice of preliminary objection to the Court and to the other parties of the grounds of that objection.” 44. For purposes of Preliminary Objections, therefore, the net effect of Rules 39(1) and 41(1) is that a Preliminary Objection should be pleaded in a Reference and all documentation in support thereof must be annexed to the Reference. In addition, a duty is placed upon a party that intends to raise a Preliminary Objection to serve REFERENCE No. 10 OF 2013 Page 21

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