Greek Powder and Cartridge Company v German Federal Republic

CourtObsolete Court (Germany)
Arbitral Commission on Property, Rights and Interests in Germany, First Chamber.

(Wickström, President; Euler, Kokinopoulos.)

Greek Powder & Cartridge Co. (Kingdom of the Hellenes, Intervenor)
and
German Federal Republic.

International law — Sources of — General principles of law — Generally recognized principle — Application by Arbitral Commission.

Arbitration — In general — Law applied by arbitral tribunals — Generally recognized principle — Application in matters of intervention.

Arbitration — Procedure — Intervention — Rules of procedure of arbitral commission — Absence of rules on conditions of intervention — Admissibility under generally recognized principle — Legitimate interest as basis of intervention — Whether such interest existing.

The Facts (as stated by the Commission).—“The Bundesamt für äussere Restitutionen [Federal Office for External Restitution), by a decision dated May 7, 1957, rejected the complaint submitted by the Royal Hellenic Government demanding restitution of certain property previously owned by the Greek Powder & Cartridge Co.; alternatively, compensation in respect of this property.

“On May 31, 1957, the complainant [the Greek Powder & Cartridge Co.] submitted to the Commission an application for reversion of this decision.

“In its answer, the defendant raised the objection of inadmissibility of the complaint on the grounds that the complainant was not entitled to claim since it could not be considered as a ‘party concerned’ within the meaning of Article 7, paragraph 2, of Chapter Five of the Convention on the Settlement of Matters Arising out of the War and the Occupation [1952–1954] and that the Royal Hellenic Government alone, having previously brought this complaint before the Bundesamt, could have submitted such a complaint.

“On December 30, 1957, the firm [of] Apostolides filed an application asking to be admitted as an intervening party in the present case. The complainant declared that it would raise no objection against this intervention, but the defendant opposed it.

“Finally, on January 4, 1958, the Royal Hellenic Government submitted a pleading by which they intervened in the matter in order to support the claims submitted by the complainant and by the firm [of] Apostolides, both being Greek nationals.”

Held: that the intervention by the firm of Apostolides was not admissible. “Anyone desiring to intervene must prove to have...

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