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© Van Diepen Van der Kroef Advocaten

© Van Diepen Van der Kroef Advocaten

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assertions and allegations made at first instance, which assertions should be deemed to behere expressly repeated and inserted.6. The District Court gave judgment on 10 July 2008. In that judgment the Court – in summary –declared itself as being without jurisdiction to hear the claims brought against the UnitedNations. The Association et al. cannot agree with that judgment and will advance against itthe grounds of appeal set out below. In summary, the grounds of appeal are that in itsjudgment of 10 July 2008 the District Court incorrectly reproduced the claims of theAssociation et al., incorrectly reproduced the argument of the Association et al. and erredat law regarding a number of several legal issues. Furthermore, the Court failed on anumber of points to give any, alternatively sufficient, grounds for its decision and the Courthas, finally, made an incorrect decison that ought to be set aside in this appeal.7. The judgment of the District Court brings to a conclusion that part of the dispute thatrelates to the claim instituted against the United Nations. The judgment must becharacterised in that context as a final judgment, against which an appeal may be broughtimmediately. The main proceedings at first instance are suspended by unanimous decision ofthe parties appearing and referred to the suspended cause list until final decision is given onthe jurisdiction of the Court to hear the claims brought against the United Nations.8. The Association et al. will submit the complete case file on the occasion of the submissionfor judgment or argument. In respect of the proceedings at first instance that case filecomprises:- the writ of summons dated 4 June 2007, with accompanying documents relating to theservice on the United Nations;- a letter from the State of the Netherlands to the Court, dated 17 September 2007, with asattachment the letter from the United Nations to the Permanent Representative of theNetherlands to the United Nations, dated 17 August 2007;- a letter from the Association et al. to the Court, dated 20 September 2007;- the official Advisory Opinion of the Public Prosecutions Department un<strong>der</strong> Article 44 CCPr,dated 7 November 2007;- the leave to proceed in default of appearance given against the United Nations, dated 7November 2007;<strong>©</strong> <strong>Van</strong> <strong>Diepen</strong> <strong>Van</strong> <strong>der</strong> <strong>Kroef</strong> <strong>Advocaten</strong> page 5 of 99

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