Original: French
2013, the interlocutory motion of 28 February 2013, praymg the
Court to note the failure by the Respondent to implement the Court
Order, the llmotion to institute
proceedings~~
of 28 February 2013,
and finally the motion for a judgment in default; as well as two orders
issued by the Court, on 15 March 2013 and 10 August 2015,
respectively.
42 . The Court therefore holds that the first cond ition for the passing
of a
11
judgment in
default~~
has been met. Not only had al l the
pleadings been served on the Respondent, but the latter, while it
sent the Court two Notes Verbale in response to the Order of 15
March 2013, consistently failed to present its defence, despite the
extension of the deadline accorded .
43 . The Court wi ll therefore proceed to examine compliance with the
other requirements of Rule 55 of its Rules to satisfy itself that it has
jurisdiction and that the application is admissible .
V.
THE COURT'S JURISDICTION
44. Under Rule 39(1) of its Rules , the Court has to conduct preliminary
examination of its jurisdiction. In that regard , the Court notes that even
where the Respondent has not raised preliminary objections to its
jurisdiction, the Court should proprio motu, ensure that it has personal
(ratione
personae), material
(ratione
materiae ),
temporal
temporis) and territorial (ratione loci) jurisdiction to hear the case.
(ratione