Personal Injuries (Upper Silesia) Case
| Date | 10 Diciembre 1951 |
| Docket Number | Case No. 29 |
| Court | Court of Appeal of Cologne (Germany) |
Personal Injuries (Upper Silesia) Case.
States — Continuity of — Severance of Upper Silesia from German Reich — Liability of State Employee for Tort Committed in Upper Silesia Prior to Severance — Whether Federal Republic of Germany Liable.
State Succession — Succession to Obligations — Severance of Part of Territory of State — Claim arising from Tort Committed by State Employee in Severed Part of Territory — Severance of Upper Silesia from German Reich — Whether Federal Republic of Germany Liable.
The Facts.—In 1943 the plaintiff sustained personal injuries as a result of a collision with a motor vehicle owned by the Postal Administration of the German Reich. The collision occurred in Upper Silesia which, at that time, formed part of the territory of the Reich and which, upon the conclusion of hostilities in the Second World War, was annexed by Poland. The plaintiff now brought an action for damages against the Federal Republic of Germany and alleged that his injuries were due to the negligent driving of the vehicle by a servant of the Postal Administration of the Reich. It was contended on his behalf, not only that the Postal Administration of the Federal Republic was identical with that of the former Reich, but also that the Federal Republic as such was identical with the former Reich, and that, accordingly, the Federal Republic was liable for all acts of negligence committed by servants of the Reich in any part of the latter's territory, notwithstanding that such territory was subsequently severed from the Reich. On behalf of the Federal Republic it was contended that there was no no such identity as was alleged by the plaintiff and that the Federal Republic, in the absence of special legislation to that effect, was not liable for damages for torts committed in parts of the former Reich not now forming part of the territory of the Federal Republic.
Held: that the Federal Republic of Germany was not liable to the plaintiff in damages. The Court said:
“The former Supreme Court of the British Zone and the Supreme Court of the Federal Republic have previously held, with regard to the Federal Railways, whose legal position is akin to that of the Federal Postal Administration, that there is partial identity between the Federal Railways and the former Reich Railways, viz. personal and legal identity, ‘subject to a territorial limitation’ to the territory of the Federal Republic. In view of...
Um weiterzulesen
FORDERN SIE IHR PROBEABO AN