Case No 14

CourtRegional Court (Germany)
Oberlandesgericht
Case No 14

Recognition — Of Annexation — Effects of Non-recognition — Annexation of Baltic States by Soviet Russia — Nationality of Estonians and Latvians in Germany.

Article VI of Military Government Law No. 2 provided that German Courts shall not exercise jurisdiction in cases against nationals of the United Nations. In a judgment delivered on August 6, 1946, the Oberlandesgericht of Kiel (British Zone) held that it had jurisdiction to hear a petition for divorce against a national of Estonia. The Court said : “According to the instructions of the British Military Government of November 3,1945, Estonian nationals are not regarded as nationals of the United Nations in the British Zone, as the incorporation of Estonia in the Soviet Union has not been recognized by the United Kingdom’. (Zentral Justizblatt für die britische Zone, 1947, p. 103.)

But see a judgment of the Oberlandesgericht of Stuttgart (American Zone), delivered on July 6, 1946, on a similar question. The Court said: “Natives of the formerly independent State of Latvia are no longer Latvian nationals as a consequence of the incorporation of Latvia in the Soviet Union. If they have not become nationals of the...

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