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| BEFORE: |
President: |
Huber |
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Former President: |
Loder |
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Judges: |
Lord Finlay, Nyholm, Moore, Altamira, Oda, Anzilotti, |
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Deputy
Judge(s): |
Beichmann, Negulesco |
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| Represented By: |
Germany: |
Erich Kaufmann, Professor at Bonn |
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Poland: |
Dr. Thadeus Sobolewski, Agent for the Polish Government before the
Polish-German Mixed Arbitral
Tribunal |
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| Perm.
Link: |
http://www.worldcourts.com/pcij/eng/decisions/1927.11.21_chorzow.htm |
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| Citation: |
Factory at Chorzow (Germ. v. Pol.), 1927 P.C.I.J. (ser. A)
No. 12 (Order of Nov. 21) |
| Publication: |
Publications of the Permanent Court of
International Justice Series A No. 12; Collection of Judgments A.W.
Sijthoff’s Publishing Company, Leyden, 1927 |
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[1] THE COURT,
[2] Having regard to the Request of the German Government dated October 14th
and filed with the Registry of the Court [p10] on November 15th, 1927, to
the effect that a provisional measure of interim protection should be
indicated in the case concerning the Chorzów factory (indemnities) now
pending before the Court;
[3] Having regard to Article 41 of the Statute and Article 57 of the Rules
of Court;
[4] Having regard to Judgment No. 8 given by the Court on July 26th, 1927;
[5] Whereas in the request above mentioned of the German Government it is
submitted that, by virtue of the powers conferred upon it under Article 41
of the Statute, the Court should indicate to the Polish Government that it
must pay to the German Government, as a provisional measure, the sum of
thirty millions of Reichsmarks within one month from the date of the Order
sought;
[6] Whereas the Court, in Judgment No. 8, by which it declared itself to
have jurisdiction to give judgment upon the merits in the case in question,
has reserved for judgment on the merits the claims formulated in the
Application instituting proceedings filed with the Registry of the Court on
February 8th, 1927, by the German Government;
[7] Considering that the request of the German Government cannot be regarded
as relating to the indication of measures of interim protection, but as
designed to obtain an interim judgment in favour of a part of the claim
formulated in the Application above mentioned;
[8] That, consequently, the request under consideration is not covered by
the terms of the provisions of the Statute and Rules cited therein;
Considering that, in these circumstances, there is no reason to invite the
Polish Government to submit observations upon the German Government's
request;
[9] Considering that the Court is entitled, as normally composed, to
indicate, should occasion arise, provisional measures of interim protection,
without specially obtaining the assistance of national judges; [p11]
[10] THE COURT,
composed as above,
Decides, that effect cannot be given to the request of the German Government
dated October 14th, 1927.
[11] Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this twenty-first day of November, one thousand
nine hundred and twenty-seven, 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 German and Polish Governments respectively.
(Signed) Max Huber,
President.
(Signed) Å. Hammarskjöld,
Registrar.
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