Saar Territory (Usury Decree) Case

CourtObsolete Court (Germany)
Docket NumberCase No. 53
Germany, Reichsgericht in Criminal Matters.
Case No. 53
Saar Territory (Usury Decree) Case.
STATE TERRITORY

Territory — Customs Territory and Political Territory — Saar Territory — Whether Part of Germany.

Saar Territory — Whether Part of Germany — Political Territory and Customs Territory.

The Facts.—This was a prosecution on the ground of the contravention of Article 2 of the German Usury Decree, which prohibits the export of certain articles from German territory, and of Article 134 of the Customs Law, which relates to prohibited exports from German customs territory (Zollinland) to foreign customs territory (Zollausland). The goods in question had been exported to the Saar Territory. The accused appealed on the ground that the Saar was not foreign territory.

Held, on final appeal on a point of law: That the conviction must stand.

(a) According to § 31 (2) of the Annex to Articles 45–50 of the Treaty of Versailles the Saar Territory is incorporated into the French customs system, and must therefore be regarded as foreign customs territory.

(b) It was doubtless true that politically the Saar Territory belonged to Germany seeing that the Treaty of Versailles had not separated it from Germany. In Article 49 of the Treaty...

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