41 . Having concluded that it lacks the jurisdiction to hear the case, the Court holds that it is not necessary for it to consider the issue of the admissibility of the Application or the merits of the case. 42. Considering that the Respondent alluded to costs in its submissions, the Court must now rule on that issue. 43. In its reply, the Respondent had asked that the Applicant be ordered to bear the cost. 44. The Court notes that Rule 30 of the Rules provides that: "Unless otherwise decided by the Court, each party shall bear its own costs". 45. Considering all of the above, the Court is of the opinion that it should not depart from the provisions of Rule 30 of its Rules. 46. On those grounds, THE COURT by a majority vote of six (6) to three (3) a) Declares that, pursuant to Articles 5(3) and 34(6) of the Protocol read together. it does not have the jurisdiction to hear and determine the Application brought by Atabong Denis ATEMKENG against the African Union ; and b) Decides that each party shall bear its cost. VOTES FOR: Vice-president OUGUERGOUZ; Judges NIYUNGEKO,RAMADHANI , TAMBALA, ORE and GUISSE -......_ 12 _..--- () · (~~