presumably subject him once again to waiting within a system that has already delayed the analysis of the merits of his case. 37. In light of the above analysis, the Commission concludes that Mr. Victorino Spoltore invoked the remedies provided for in the legal system of the State, and therefore, the petition fulfills the requirements established in Article 46 of the American Convention. 2. Time limit for lodging a petition 38. According to Article 46(1) of the Convention, in order to be admissible a petition must be lodged within the time limit of six months from the date when the alleged victim received notification of the final judgment in the national legal system. 39. In this case it must be recalled that once the petitioner received the judgment rejecting his labor claim, he filed two motions before the Supreme Court of Buenos Aires on September 2, 1997: the recurso de inaplicabilidad and the recurso de nulidad. These were both denied on August 16, 2000. The Commission observes that since the petition was received in its Executive Secretariat on September 5, 2000, the deadline set in Article 46(1)(b) of the American Convention was met. 3. Duplication of proceedings and res judicata 40. Article 46(1)(c) of the Convention establishes that admission of a petition is contingent upon the requirement its subject matter not be “pending in another international proceeding for settlement,” while Article 47(d) stipulates that the Commission may not admit a petition that is “substantially the same as one previously studied by the Commission or by another international organization.” In the instant case, the parties do not allege nor can it be gleaned from the record that either of these circumstances of inadmissibility exists. 4. Characterization of the facts alleged 41. Article 47(b) of the American Convention provides that petitions which do not state facts that tend to establish a violation of the rights guaranteed by the Convention shall be declared inadmissible. 42. In the instant case, at this stage of the proceedings it is not appropriate for the Commission to determine whether or not the alleged violations of the American Convention actually occurred. The IACHR has conducted a prima facie evaluation and determined that the petition raises