13th, CASE CONCERNING THE FACTORY AT CHORZÓWTHE IV. of the proceedings in the various cases concerning the Chorzów factory. The Chorzow Factory Case (, Germany v Poland.) Principle: It is a general principle of law as well as International law, that any breach of agreement. T H E FA C T O R Y AT C H O R Z O W (G E R M A N Y v.P O L A N D) 13 Sept. P.C.I.J. (ser. A) No. 17 TOPIC: Cases on Gener.
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Statements by the President. Notice of this action was served on the respondent Government on.
Case Note on The Chorzow Factory ( Germany v Poland, 1928)
But the reason for this was that the Court held that the Polish Government had not raised this question, and that, apart from its contention as to the fictitious character of the instruments of December 24th,that Government did not seem to have disputed that the Company was controlled by German nationals. The first of its submissions, throughout all stages of the proceedings, aims at the establishment of an obligation to make reparation.
Furthermore, it does not appear from the contract of that the Treuhand had any obligation towards the Reich ; by handing over to it all the shares of the Oberschlesische, it freed itself from any possible obligation. It should be noted that the Court in Judgment No. But notwithstanding the express requests made in this respect by the Polish Government, the German Government has produced no such data. This addition runs as follows:.
Chorzow Factory Case (Merits) (PCIJ 1928, Ser. A, No. 17)
The whole damage suffered by the one or the other Company as the result of dispossession, in so far as concerns the cessation of the working and the loss of profit which would have accrued, is determined by the value of the factofy as such ; and, therefore, compensation under this head must remain within these limits. In the documents there is indeed no trace of the existence of a mandate conferring on the German State the right to.
Which is the fifth reasoning with adequate logic  Where the indemnity amount acse concerned the court give its reasoning, is the sixth consistent point. The Court, having been of opinion that the Oberschlesische’s right to the Chorzow factory justified the conclusion that the Polish Government’s attitude in respect of that Company was not in conformity with Article 6 and the following articles of the Geneva Conventionmust necessarily maintain that opinion when the same situation at law has to be considered for the purpose of giving judgment in regard to the reparation claimed as a result of the act which has been declared by the Court not to be in conformity with the Convention.
And, if there was omission. Paragraph numbers have been added to this decision by OUP.
Case Note on The Chorzow Factory ( Germany v Poland, ) | Law Help BD
If compared with the reasoning with this case would be quite new to that time therefore it is highly unlikely that any consistent previous reasoning could be found in similar cases. It is impossible to take as the date of assessment a date subsequent to dispossession, unless it were the fault of the Respondent that the claim could not be brought earlier before the international tribunal.
Which is the fifth reasoning with adequate logic . In regard to the Oberschlesische and Bayerische jointly:.
To the reasons on which this result was based, it is to be added, in so far as the prohibition of export is concerned, that the Applicant has furnished no information enabling the Court to satisfy itself as to the justification for the German submission naming certain countries to which export should not be allowed and stating a definite period for which this prohibition should be in force. That such a mandate exists in the factogy case cannot be doubted.
II definitely affirms that a declaration of the ownership of the Oberschlesische had been made in Judgment No. There is no occasion for the Court to pass upon all these requests ; fhorzow may therefore confine itself to taking them into account, in so far as may be necessary during the discussion of the arguments advanced by the Parties in support of their submissions, for the purposes of stating the reasons of the judgment.
That is all that is to be deduced from Judgment No. No damage of such a nature has been alleged as regards the Oberschlesische, and it seems hardly conceivable that such damage should exist, for the whole activity of the Oberschlesische was concentrated in the undertaking. If the Bayerische had not merely managed but also owned the undertaking, this amount would still be the same ; in fact, all the elements constituting the undertaking—the factory and its accessories on the one hand, the non-corporeal and other values supplied by the Bayerische on the other—are independent of the advantages which, under its contracts, each of the two Companies may derive from the undertaking.
The only point which might be disputed is the question whether, for the application of this article of the Rulesthe conditions respecting forms and times must also be fulfilled, or whether it is enough that the material conditions should be fulfilled. It is moreover very doubtful whether, apart from any other consideration, prohibition of exploitation is admissible under the Geneva Conventionthe object of which is to provide for the maintenance of industrial undertakings, and which, for this purpose, even permits them, in exceptional cases, to be expropriated Article 7.
Nevertheless, the Treuhand was authorized to pay at any time the whole or a part of the purchase price ; this would have the effect of removing the lien on shares of a nominal value corresponding to the payment made.
Government may be set down as under:. Since there is no agreement between the Parties to submit to the Court the so-called question of set-off, it remains first of all to be considered whether the Court has jurisdiction to pass judgment on the German submission No. As, however, the Court, in Judgment No. Poland herself objected in connection with the second submission of the German Application of May 15th,that the entry of the Oberschlesische in the land register was in any case not valid as it was based on a fictitious and fraudulent transaction and thus caused the Court to deal with this point.
Amongst others the capacity of the various persons concerned in the management to undertake technical control and to take advantage of the situation of the general market and of the formation of the various groups of factories into consortiums which is a characteristic of the years — ; the capital which might have been at the disposal of the factory, the favourable or unfavourable effect of Polish legislation, etc.
The following passage should especially be noted:. This decision, which cited Article of the Treaty of Versailles and the Polish laws of July 14th,and June 16th,was carried into effect on the same day. It held that effect could not be given to the request of the German Government, since it was to be regarded as designed to obtain not the indication of measures of protection, but judgment in favour of a part of the claim formulated in the Application of February 8th, Whatever the effect of the judgment of the Tribunal of Katowice of November 12th,may be at municipal law, this judgment can neither render inexistent the violation of the Geneva Convention recognized by the Court in Judgment No.
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