73. With regard to the objection by the Respondent that the matter is pending before the Commission, the Court notes that the Applicant in the present matter is the Commission, which seised the Court in conformity with Article 5(1) of the Protocol. 74. Having seised the Court, the Commission decided not to examine the matter itself. The seisure of the Court by the Commission signifies in effect that the matter is no longer pending before the Commission, and there is therefore no parallel procedure before the Commission on the one hand and the Court on the other.