waiver of court fees105 and costs, which was granted by the court.106 On April 19, 1991, the
judge admitted the lawsuit.107
B.2) Determination of the defendant108
81.
On May 24, 1991 the applicant requested that the case be ordered to proceed.109 On
May 29, 1991 the judge ordered an official letter to be issued to the General Staff of the
Army so that it would report on whether any investigation had been opened with regard to
the facts.110
82.
On November 8, 1991 the petitioner requested the court to order that a copy of the
complaint be served.111 On November 14, 1991 the judge required the petitioner to state
against whom the complaint was being brought.112 On March 13, 1992 the applicant stated
that he was “bring [ing the complaint] against the Ministry of National Defense [considering]
that [it was] the institution responsible for the premises on which the accident occurred.” He
added that notwithstanding the foregoing, and as a preliminary measure, he was
request[ing] that an official letter [be sent] to the Property Registry requesting information
on the title of ownership of the premises where the accident occurred, as of the date of said
accident.”113 On March 18, 1992 the judge ordered the communication114to be sent and on
June 16, 1992 the petitioner’s attorney prepared said communication.115
83.
On July 24, 1992 the Property Registry informed the court that it was necessary to
cite the street map where the property was located,116 and therefore the petitioner
105
Cf. Brief of Mr. Danilo Furlan of April 17, 1991 (file of appendices to the response, volume 10, page 4390).
106
Cf. Decision of the Federal Judge of First Instance of March 10, 1998 (file of appendices to the pleadings and
motions brief, volume 5, page 2321). See also: brief of the Federal Judge of Second Instance of September 20,
2001 (file of appendices to the report, volume I, appendix 6, page 611) and brief of the Secretariat of September
21, 2001 (file of appendices to the report, volume I, appendix 6, page 612).
107
Cf. Brief of the Federal Judge of First Instance of April 19, 1991 (file of appendices to the report, volume I,
appendix 6, page 116).
108
Article 330 of the Code of Civil and Commercial Procedure of Argentina regulates the “Format of the
claim,” and establishes that it “shall be presented in writing and contain: 1) [t]he name and address of the
applicant.” Cf. Law Decree 17454 of 1967 (file of appendices to the report, volume I, appendix 6, page 117)
109
Cf. Brief of Danilo Furlan of May 24, 1991 (file of appendices to the report, volume I, appendix 6, page
117).
110
Cf. Brief of the Federal Judge of First Instance of May 29, 1991 (file of appendices to the report, volume I,
appendix 6, page 118).
111
Cf. Brief of Danilo Furlan of November 8, 1991 (file of appendices to the report, volume I, appendix 6,
page 121).
112
Cf. Brief of the Federal Judge of First Instance of November 14, 1991 (file of appendices to the report,
volume I, appendix 6, page 122).
113
123).
Cf. Brief of Danilo Furlan of March 13, 1992 (file of appendices to the report, volume I, appendix 6, page
114
Cf. Brief of the Federal Judge of First Instance of March 18, 1992 (file of appendices to the report, volume
I, appendix 6, page 124).
115
Cf. Communication prepared by the attorney of Danilo Furlan of June 16, 1992 (file of appendices to the
report, volume I, appendix 6, page 125).
116
Cf. Brief of the Registration and Publicity Department, Area 1, of July 24, 1992 (file of appendices to the
report, volume I, appendix 6, page 126).
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