(1) On application to it by an Irish merging company, the Court shall examine the proposed cross-border merger and shall -

(a) subject to Regulation 17(11) as applied by paragraph (3), if it is satisfied that the company has complied with the pre-merger requirements, issue a certificate (a "pre-merger certificate"), or

(b) if it is not so satisfied, refuse to issue such a certificate.

(2) In making the application referred to in paragraph (1), the Irish merging company shall submit the following documents to the Court:

(a) the common draft terms under Regulation 28;

(b) where applicable, the directors' explanatory report under Regulation 29 and expert's report under Regulation 30;

(c) any opinion received under Regulation 29(10);

(d) any comments submitted in accordance with Regulation 33(1)(b);