Security for Costs (Germany) Case

CourtCourt of Appeal of Karlsruhe (Germany)
Date14 r 1931
Docket NumberCase No. 143
Germany, Court of Appeal of Karlsruhe.
Case No. 143
Security for Costs (Germany) Case.

Treaties — Interpretation of — Treaties Providing for Equal Treatment of Aliens — Interpretation by Reference to Other Treaties.

Aliens — Legal Position of — Free Access to Courts — Security for Costs — Treaties Providing for Equal Treatment — Interpretation by Reference to Other Treaties.

The Facts.—By Article 1 (5) of the Germano-Yugoslav Treaty of Commerce and Navigation the subjects of each of the contracting States were granted free access to the courts of the other State on an equal footing with nationals and with citizens of the most-favoured-nation. The appellant claimed that it followed from this provision that he could not be ordered to give security for costs under Article no of the Code of Civil Procedure.

Held: that the appeal must be dismissed. The Supreme Court had previously laid down (Enischeidungen des Reichsgerichts, vol. 104, p. 191) that the expression “free access to the courts” did not imply an exemption from giving security for costs. This followed, inter alia, from Conventions made by Germany with Austria and Poland respectively (Reichsgesetzblatt, 1924, II, pp. 55 and 91), in which aliens were granted free access to the courts and in which it was further provided that they shall be allowed to appear in such courts under the same conditions as the subjects of the country...

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