Kaczmarek v German Federal Republic
| Date | 24 Septiembre 1960 |
| Court | Obsolete Court (Germany) |
(Wickstrm, President; Euler, Bennett.)
Nationality In general Residence as distinguished from nationality Under Chapter Ten of Convention on Settlement of Matters Arising out of the War and the Occupation, 19521954 Proof of residence.
Arbitration Procedure Time-limit for filing claims Arbitral Commission on Property, Rights and Interests in Germany.
The Facts (as stated by the Commission).During the war between the Reich and Poland the complainant [one Mieczyslaw Stefan Kaczmarek], as a lieutenant in the Polish army, was taken prisoner by the German troops on September 22, 1939, and was kept in a prisoner of war camp for Polish officers until April 29, 1945.
In a complaint dated October 24, 1957, which was received by the Bundesamt fr die Prfung auslndisher Rckgabe- und Wiederherstellungsansprche [Federal Office for Examination of Foreign Restitution Claims] on October 22, 1957, the complainant claimed a sum of money on the ground that during his captivity he had not received the full pay which the Detaining Power ought to have paid him pursuant to Articles 23 and 24 of the Geneva Convention of July 27, 1929 relative to the Treatment of Prisoners of War.
By decision of August 26, 1958, the Bundesamt rejected this application on the ground that it had been filed too late.
By a notice of appeal dated September 16, 1958, which was received by the Commission on the 24th of that month, the complainant appealed against this decision, which had been served upon him on September 10, 1958.
In its Answer, the defendant opposed the appeal maintaining that the application had been rightly rejected as belated. In a later pleading the defendant further contended that the appeal was inadmissible on the ground that the complainant, as a Polish national at present residing in Libya, was not entitled to have recourse to the Arbitral Commission.
Both parties requested that oral proceedings be dispensed with, and, in these circumstances the Commission deemed it appropriate to comply with their request.
Held: that the appeal must be dismissed. Under Chapter Ten, Article 6, paragraph 4, of the Convention on the Settlement of Matters Arising out of the War and the Occupation, 19521954, the complainant was qualified to appeal to the Commission. However, he did not observe the time-limit, laid down in the Convention, for submitting applications to the...
Um weiterzulesen
FORDERN SIE IHR PROBEABO AN