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Saar Territory (Prussian Officials) Case

International Law Reports Cited in Precedent Map Related
Date17 Noviembre 1925
Docket NumberCase No. 37.
CourtObsolete Court (Germany)
Supreme Court in Saarlouis in the Saar Territory.
Case No. 37.
Case No. 68.
Saar Territory (Prussian Officials) Case.

Saar Territory — Legal Status of the Governing Commission — Relation to Germany — Suspension of Sovereignty and Suspension of Government — The Duty to take over Officials.

State Succession — The Duty to Take over Officials — Former Prussian Officials in the Saar Territory — Claim for Continued Payment of Pension — Right of Dismissal and Duty of Compensation.

Krause v. Mayoralty of Ucktelfangen (the same Court, 19 March, 1924) followed.

As to questions of State Succession, see Case No. 68.

The Facts.—The claimant was a civil servant in the municipality of N. in the Saar Territory.1 His engagement was for life. By a decree of the President of the Governing Commission of the Saar Territory of 2 December, 1920, he was relieved from his duties and placed at the disposal of the Prussian Government as from 15 December, 1920. On 1 October, 1921, the claimant was appointed to the Prussian Civil Service and the municipality thereupon stopped his salary. It was now claimed that the Governing Commission of the Saar Territory was under a duty to continue the payment of the salary as provided in the original contract. As the new appointment of the plaintiff was of a lower grade than that held by him in the Saar he claimed: (a) the continued payment for life of his salary less any salary he might in the future draw from any appointment as civil servant, (b) in case of incapacity to work the payment of the usual pension less the pension paid under other appointments, (c) in case of death, the payment...

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