Russian Trade Delegation Case
| Docket Number | Case No. 202 |
| Date | 06 Diciembre 1930 |
| Court | Obsolete Court (Germany) |
Treaties — Agencies of Interpretation — Right of Courts to Interpret Treaties.
Treaties — Interpretation of — Preparatory Work — Authentic Interpretation.
Treaties — Interpretation of — Authentic Interpretation — Final Protocols.
Commercial and Other Non-Diplomatic Missions — Legal Status of the Russian Trade Delegation in Germany — Meaning of the Term “attached to the Embassy”— Interpretation of Treaties — Final Protocol — Competence of Courts to Interpret Treaties.
The Facts.—The General Association of German Bank Clerks applied for a declaration that the Trade Delegation of the Union of Socialist Soviet Republics was bound to set up a works council of all employees of the Delegation except those employees who were nationals of the Union and who had been appointed as delegates by the Russian Commissariat for Foreign Trade. The Delegation opposed the application on the ground that, having regard to the Treaty between Germany and Russia of 12 October, 1925, it was not subject to German law. The Court of first instance made the desired declaration. The respondent appealed. The relevant provisions of the Treaty of 1925 are set out below.
Held: that the appeal must be dismissed. The dispute was one between an economic association of employees and the respondent who was an employer. This was not a controversy between the German Reich and the Union of Socialist Soviet Republics to be settled according to the Treaty of Conciliation entered into between those States on 15 April, 1929. There could be no doubt that the courts had jurisdiction in this dispute. The question of exterritoriality did not arise. The claim to exterritorial status could not be based on the Russo-German Treaty of 12 October, 1925, nor on the Economic Agreement which constituted a part of that Treaty. Pursuant to Article 3, paragraph 1, of the Agreement the functions of the Trade Delegation were: (a) to develop commercial and economic relations between Germany and the Union of Socialist Soviet Republics and to represent the interests of the Union in the matter of foreign trade; (b) to act on behalf of the Union in the matter of the regulation of the foreign trade with Germany; (c) to engage, on behalf of the Union, in foreign trade with Germany. The activities provided for in (a) and (b) were comparable to the task usually entrusted to commercial attachés associated with foreign diplomatic representations...
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