German Railways (Most-Favoured Treatment) Case

Date29 Marzo 1928
Docket NumberCase No. 280
CourtObsolete Court (Germany)
German Reichsgericht.
Case No. 280
German Railways (Most-Favoured Treatment) Case.

Treaties — Enforcement and Operation of — Necessity of Municipal Legislation — Self-Executing Provisions — Direct Conferment of Rights upon the Subjects of the State Undertaking an Obligation — Article 365 of the Treaty of Versailles.

The Facts.—Article 365 of the Treaty of Versailles provided as follows:

“Goods coming from the territories of the Allied and Associated Powers, and going to Germany, or in transit through Germany from or to the territories of the Allied and Associated Powers, shall enjoy on the German railways as regards charges to be collected (rebates and drawbacks being taken into account), facilities and all other matters, the most favourable treatment applied to goods of the same kind carried on any German lines, either in internal traffic, or for export, import or in transit, under similar conditions of transport, for example as regards length of route. The same rule shall be applied, on the request of one or more of the Allied and Associated Powers, to goods specially designated by such Power or Powers coming from Germany and going to their territories. …”

The present action was brought by a German subject against the German Federal Railways Company. In his capacity as the assignee of the sender he asked for the refund of part of the freight paid for the transport, in May, 1924, of a number of cattle from Denmark through Germany to Czechoslovakia. The freight paid was the ordinary freight charged by the Company. However, at that time the Company announced a reduced freight, from 15 February to 31 May, for cattle to be used in Germany. The plaintiff contended before the Court that according to Article 365 of the Treaty of Versailles goods in transit to Czechoslovakia were entitled to an equally favourable treatment. The Court dismissed the action. On appeal,


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