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The Courtroom rejected the arguments that the choice was not suitable to obtain its goals. True, as Fee studies have pointed out, not many asylum-seekers have truly been relocated, however that might not be foreseen on the time – and that was implicitly partly the fault of the plaintiff Member States for not implementing the choice in practice. (The Advocate-Normal’s opinion dismisses this I killed my mother and father, give me sympathy as a poor orphan” line of argument extra bluntly).

Alive to this problem – which makes litigating in any reasonable approach unattainable – Henry Carr J case managed the claim (which was heard underneath the Shorter Trials Scheme ) to pin the parties down to 6 designs – three of which had been selected by Neptune; three by DeVOL. This was half the quantity initially relied upon by Neptune. With hindsight, says the choose, it would have been higher to restrict them to a single design each (Merpel thinks it is unusual for a defendant to be requested to pick out the case in opposition to it, presumably here it would simply pick the three designs where the claimant’s case was clearly weakest).