3 August 1959

 

General List No. 37

 
     

international Court of Justice

     
 

Aerial Incident of July 27th 1955

 
     

United Kingdom

 

v. 

Bulgaria

     
     
 

Order

 
     
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BEFORE: President: Klaestad
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1959.08.03_aerial_incident_UK.htm
   
Citation: Aerial Incident of July 27th 1955 (U.K. v. Bulg.), 1959 I.C.J. 264 (Order of Aug. 3)
 
     
 
 
     
 

[p.264]
The President of the International Court of Justice,

having regard to Article 48 of the Statute of the Court and to Article 69 of the Rules of Court;

Having regard to the Application, dated 19 November 1957 and filed in the Registry of the Court on 22 November 1957, by which the Government of the United Kingdom of Great Britain and Northern Ireland instituted proceedings before the Court against the Government of the People's Republic of Bulgaria with regard to the losses sustained by citizens of the United Kingdom and Colonies by reason of the destruction, on 27 July 1955, by the Bulgarian antiaircraft defence forces, of an aircraft belonging to El Al Israel Airlines Ltd.;

Having regard to the Order of 26 November 1957, whereby 2 June 1958 was fixed as the time-limit for the filing of the Memorial of the Government of the United Kingdom;

Having regard to the Order of 27 January 1958, whereby 9 December 1958 was fixed as the time-limit for the filing of the Counter-Memorial of the Government of Bulgaria;

Having regard to the Order of 19 May 1958, whereby, having regard to a request of the Agent for the Government of the United Kingdom, the time-limits so fixed were extended, for the Memorial, to 2 September 1958 and, for the Counter-Memorial, to 9 June 1959; [p 265]

Having regard to the Memorial filed by the Government of the United Kingdom within the time-limit fixed;

Having regard to the Order of 27 May 1959, whereby, at the request of the Agent for the Government of Bulgaria, the time-limit for the filing of the Counter-Memorial of the Government of Bulgaria was extended to 10 August 1959;

Whereas, in a letter dated 8 July 1959, and addressed to the Registrar, the Agent for the Government of the United Kingdom stated:

"By direction of Her Majesty's Principal Secretary of State for Foreign Affairs, and in accordance with Article 69 of the Rules of Court, I have the honour to request you to inform the Court of the decision of the Government of the United Kingdom to discontinue the proceedings instituted by means of the Application dated November 19, 1957."

Whereas, by a letter of 10 July 1959, the Registrar informed the Agent of the Government of Bulgaria that the President of the Court, pursuant to Article 69, paragraph 2, of the Rules of Court, had fixed a time-limit expiring on 7 August 1959, within which the Bulgarian Government was to state whether it opposed the discontinuance of the proceedings, and that if no objections were raised by that Government within this time-limit, acquiescence would be presumed;

Whereas by a letter dated 25 July 1959 the Agent for the Government of Bulgaria informed the Registrar that his Government did not oppose the discontinuance of the proceedings;

Places on record the discontinuance by the Government of the United Kingdom of the proceedings instituted by the Application filed on 22 November 1957;

Orders that the case shall be removed from the Court's list.

Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this third day of August, one thousand nine hundred and fifty-nine, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the United Kingdom of Great Britain and Northern Ireland and to the Government of the People's Republic of Bulgaria, respectively.

(Signed) Helge Klaestad,
President.

(Signed) S. Aquarone,
Acting Registrar.

 
     

 

 

 

 

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