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[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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