The aim of this principle is to safeguard the procedural parts against surprise decisions
and to give them an effective opportunity to actively influence the development and
success of the process.
A breach of the adversarial principle results in a procedural nullity if it is capable of
influencing decisively the decision of the case.
Pursuant to Article 33 of the Rules of Procedure, the application initiating proceedings
contains the offered evidences, in this case, the mentioned documents.
Accordingly, we believe that, if the documentary evidence attached to the application
initiating proceedings were not delivered to the defendant, that constitutes a mere
irregularity, liable of being remedied, since those documents were lodged at the Registry
of this Court, thus accessible to the defendant, that could have requested or consulted
them.
Moreover, such an irregularity did not hinder the defense of the defendant, since the
defendant did not plead in that regard, having lodged its defense within the legal
deadline, challenging the facts claimed by the applicant.
In this sense, we understand that it is without ground the demand of the defendant that
the court rejects the documents offered with the application initiating proceedings, as
evidence, because in the act of the citation they were not sent to him, when he could
have raised an incident of nullity of the citation, requiring the repetition of the act.
In fact, it is what he came to do at the court hearing held on March 5th, 2019, when he
requested the translation of the aforementioned documents, which was done and
permitted him to present the rejoinder, as found in the document (5) .
Therefore, this claim of the defendant is also dismissed.
ON THE APPLICANT'S DEMANDS:
c) On the claimed infringement of the right to free movement of persons, goods
and services
The applicant claimed that due to the fact that the defendant prevented his three lorries
carrying fish from entering the defendant´s territory by closing its border, it violated
14