| Guiding principle: |
The Court held that an examination of the merits of this application could not be undertaken without extending the Court’s jurisdiction to a fact which, by reason of its date, is not subject thereto. To do so would be contrary to the general rules of international law. It follows that the application is incompatible ratione temporis with the provisions of the Convention within the meaning of Article 35 § 3. Therefore The Court held, by eleven votes to six, that it is unable to take cognisance of the merits of the case. |