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    Order (Preliminary Objections)

    53
    The Permanent Court of International Justice,

    composed as above, after deliberation,

    having regard to Articles 40 and 48 of the Statute of the Court, having regard to Article 62 of the Rules of Court,

    Makes the following Order :

    AS REGARDS THE POSITION OF THE PROCEEDINGS :

    Whereas, by an Application filed in the Registry of the Court on 2 November 1937, the Estonian Government instituted proceedings before the Court against the Lithuanian Government regarding the rights claimed by the Esimene Juurdeveo Raudteede Selts Venemaal Company over the Panevezys-Saldutiskis railway ;

    Whereas the Application was presented having regard to the declarations of Estonia and Lithuania acceding to the Optional

    54
    Clause of Article 36, paragraph 2, of the Statute of the Court ;

    Whereas the Application prays the Court to adjudge and declare :

    "1. That the Lithuanian Government has wrongfully refused to recognize the rights of the Esimene Juurdeveo Raudteede Selts Venemaal Company, as owners and concessionaires of the Panevezys-Saldutiskis railway line, and to compensate that company for the illegal seizure and operation of this line.

    2. That the Lithuanian Government is under an obligation to make good the prejudice which has been thus sustained by the Esimene Juurdeveo Raudteede Selts Venemaal Company, and which is estimated, the proposals for a compromise made by that company having been withdrawn, at the sum of 14,000,000 Gold Lits, plus interest at 6 % per annum as from January 1st, 1937."

    Whereas the Application was notified to the Lithuanian Government on November 2nd, 1937 ;

    Whereas the Court did not include on the Bench any judge of the nationality of either of the Parties and the Estonian and Lithuanian Governments, availing themselves of their right under Article 31 of the Statute each to nominate a judge, have nominated respectively in this capacity, the Estonian Government, M. Otto Strandman, and the Lithuanian Government, M. Mykolas Rômer’is ;

    Whereas, by an Order made on November 15th, 1937, the President of the Court fixed the time-limits for the filing of the Memorial, Counter-Memorial, Reply and Rejoinder ;

    Whereas, within the time-limit thus fixed, the Estonian Government filed its Memorial, in which it prayed the Court to adjudge and declare :

    "1. That the Lithuanian Government has wrongfully refused to recognize the rights of the Esimene Juurdeveo Raudteede Selts Venemaal Company, as owners and concessionaires of the Panevezys-Saldutiskis railway line, and to compensate that company for the illegal seizure and operation of this line.

    2. That the Lithuanian Government is under an obligation to make good the prejudice which has been thus sustained by the Esimene Juurdeveo Raudteede Selts Venemaal Company and which is estimated at I) the sum of 6,850,000 Gold Lits representing the value of the railway, plus II) the sum representing the annual payments due for the operation of the line by the Lithuanian authorities from the date of seizure to the date of payment, the annual payments being reckoned at the uniform rate of six per cent of the value of the railway fixed above."

    Whereas on March 15th, 1938, the date fixed for the filing of the Counter-Memorial, the Lithuanian Government filed preliminary objections accompanied by a Preliminary CounterMemorial ;

    57
    Done in French and English, the French text being authoritative, at the Peace Palace, The Hague, this thirtieth day of June, one thousand nine hundred and thirty-eight, in three copies, of which one will be placed in the archives of the Court and the others will be transmitted to the Estonian and Lithuanian Governments respectively.
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