|
[p94]
[1] Whereas by an Application instituting proceedings filed with the
Registry of the Court on May 15th, 1925, in accordance with Article 40 of
the Statute, the German Government, in its conclusion No. 3, requested the
Court, inter alia, to give judgment that: [p95]
"The liquidation by the Polish Government of the rural estates belonging to
Count Nikolaus Ballestrern; to the Georg Giesche's Erben Company; to
Christian Kraft, Fürst zu Hohenlohe-Oehringen; to the Vereinigte Königs-und
Laura-hütte Company; to the Baroness Maria Anna von Goldschmidt-Rothschild
(née von Friedländer-Fuld); to Karl Maximilian, Fürst von Lichnowsky; to the
City of Ratibor; to Frau Gabriele von Ruffer (née Gräfm Henckel von
Donnersmarck); to the Godulla Company and to Frau Hedwig Voigt, would not be
in conformity with the provisions of Article 6 and the following articles of
the Geneva Convention";
[2] Whereas in its Judgment delivered on August 25th, 1925, the Court
declared the Application to be admissible and reserved it for judgment on
the merits;
[3] Whereas in a second Application filed with the Registry on August 25th,
1925, in accordance with Article 40 of the Statute, the German Government
requested the Court to give judgment that:
"The liquidation of the rural estates belonging to the Duke of Ratibor and
Count Saurma-Jeltsch would not be in conformity with the provisions of
Article 6 and the following articles of the Geneva Convention";
[4] Whereas in its Application dated August 25th, 1925, the German
Government further asked that the Court may be pleased to join the said
Application to the Application filed on May 15th, 1925;
[5] Whereas in a letter dated September 11th, 1925, the Minister of the
Polish Republic at The Hague informed the Registrar of the Court that the
Polish Government, to whom the Application of August 25th, 1925, had been
duly communicated in accordance with Article 40 of the Statute, agreed that
the said Application should be joined to the Application filed on May 15th,
1925;
[6] THE COURT,
composed as stated above,
Having regard to Article 48 of the Statute;
Having regard to Article 61, paragraph 1, of the Rules of Court,
Duly records the agreement reached between the Parties in regard to the
joinder of the proceedings instituted by the German Government against the
Polish Government on May 15th and August 25th, 1925; and
For the purpose of proceedings on the merits, joins the causes of action
mentioned in the Application of August 25th, 1925, to those mentioned in
Conclusion No. 3 of the Application of May 15th, 1925. [p96]
[7] Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this fifth day of February, one thousand nine
hundred and twenty-six, in three copies, one of which is to be placed in the
archives of the Court, and the others to be forwarded to the Agents of the
Applicant and Respondent Parties respectively.
(Signed) Max Huber,
President.
(Signed) Å. Hammarskjöld,
Registrar.
|
|