Dracoulis v Federal German Republic
| Date | 10 Diciembre 1958 |
| Court | Obsolete Court (Germany) |
(Wickström, President; Euler, Kokinopoulos.)
Arbitration — Procedure — Procedure before arbitral tribunal — Arbitral Commission on Property, Rights and Interests in Germany — Written arguments — Time-limits for filing appeals — Claims — Requirement of clear definition of rights and interests to be restored.
The Facts (as stated by the Commission).—“By a decision of June 21, 1957, served upon Mr. Hector C. Dracoulis on July 25, 1957, the Bundesamt für die Prüfung ausländischer Rückgabe- und Wiederherstellungsansprüche [Federal Restitution Office] rejected his claim based on the provisions of Article 1 of Chapter Ten of the Convention on the Settlement of Matters Arising out of the War and Occupation [1952–1954].
“Mr. Hector C. Dracoulis has lodged an appeal against this decision requesting that his claim be allowed.
“In its answer, the defendant requested that the appeal be rejected.
“Mr. Hector Dracoulis died on February 4, 1958, leaving as his heirs his widow Calliope, his three sons Constantine, George and Spyros and his daughter Mary, wife of Mr. P. Verykios. The widow Calliope Dracoulis is Spyros' guardian.
“The above heirs intervened in the proceedings on behalf of the late Hector C. Dracoulis ….”
Held: that the appeal must be rejected. The appeal had not been filed with the Commission within the prescribed time-limit. Besides, the complainant failed to define clearly the rights and interests in respect of which he demanded restoration.
The Commission said: “Pursuant to paragraph 1 of Article 12 of Chapter Ten of the Settlement Convention, appeal shall be lodged with the Commission within thirty days after service of the decision. In the present case, the time-limit for appeal expired on August 24, 1957, and the appeal was filed with the Registry of the Commission only on August 26, 1957. The appeal is thus inadmissible.
“Moreover, the appeal is not well-founded as will be shown by the following considerations:
“It is uncontested that the late Hector C. Dracoulis was the owner of the ship Ithakos which was lying at anchor in the harbour of Antwerp when...
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