The leave shall expire upon the end of the hospitalization of the mother and extend no longer than the period corresponding to the unexhausted maternity rest due the mother at the time of her hospitalization.

Whereas the State party sees no resemblance between the two cases, he believes the opposite, i.e. that failing to lodge an appeal and doing so after the established deadline amount to the same thing. In either case the remedy is regarded as unexhausted, and the Committee's ruling on communication 701/96 ought to apply to him.