Henning, Gabe and Currie v Germany

CourtObsolete Court (Germany)
Date12 l 1959
Arbitral Commission on Property, Rights and Interests in Germany, Third Chamber.

(Lagergren, Vice-President; Arndt, Phenix.)

Henning, Gabe and Currie
and
Federal Republic of Germany.

Arbitration Procedure Time-limits Time-limits for filing complaints.

Arbitration Procedure Competence Jurisdiction Preliminary objections Effect of upholding one objection Whether consideration of remaining objections necessary.

The FactsIn this case the complainants appealed to the Commission from a decision of the Bundesamt fr ussere Restitutionen (Federal Office for External Restitution). In its answer the defendant raised two objections to the admissibility of the appeal. First, the complaint had not been submitted within the time-limit of thirty days provided for by Chapter Five, Article 7, paragraph 3, first sentence, of the Convention on the Settlement of Matters Arising out of the War and Occupation, 19521954. Secondly, the complainants were not entitled to appeal from a decision rendered in respect of a claim raised by the Government of Austria.

Held: that the first preliminary objection must be sustained and the appeal dismissed. Where two preliminary objections to admissibility of appeal had been raised, the Commission did not need to pass upon the second objection if it had upheld the first objection.

The Commission said: The complainants failed to appear at the oral hearing and the defendant requested the Commission to issue a judgment by default in its favour.

The contested decision...

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