SEPARATE OPINION OF JUDGE BERNHARDT

I have voted against point 1 of the operative provisions of the judgment, since in my view the Court should no longer consider preliminary objections which have been rejected by the Commission.

[*]  The case is numbered 54/1990/245/316.  The first number is the case's position on the list of cases referred to the Court in the relevant year (second number).  The last two numbers indicate the case's position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.

[*]   As amended by Article 11 of Protocol No. 8 (P8-11), which came into force on 1 January 1990 .

[*]  Note by the Registrar: for practical reasons this annex will appear only with the printed version of the judgment (volume 227 of Series A of the Publications of the Court), but a copy of the Commission's report is obtainable from the registry.