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Security for Costs (Switzerland) Case

International Law Reports Cited in Precedent Map Related
Date27 March 1950
Docket NumberCase No. 95
CourtCourt of Appeal of Frankfurt (Germany)
Federal Republic of Germany, Court of Appeal of Frankfurt.
Case No. 95
Security for Costs (Switzerland) Case.
STATE TERRITORY

Territory — Subjugation — Annexation — Effect upon Treaties.

Treaties — Termination of — As the Result of the Extinction of a State — Subjugation — Capitulation by Germany in 1945.

Treaties — Operation of — Reciprocity — Subjugation of a State — Effect of Capitulation on Treaties between Capitulating State and Neutral States — Non-Political Treaties — Convention on Civil Procedure — Continued Operation of Convention.

The Facts.—Germany and Switzerland both became parties to the Hague Convention on Procedure in Civil Cases, of July 17, 1905, by virtue of which plaintiffs of Swiss nationality were exempted from the requirement of providing security for costs in proceedings before German courts, and plaintiffs of German nationality were similarly exempted from providing security when instituting proceedings before Swiss courts. The plaintiff, a Swiss national, claimed this exemption on the ground that the Convention was still in force between the two countries. The defendant contended that in view of the unconditional surrender of Germany in 1945 the treaty had ceased to operate.

Held: that, whether or not the Convention was still in force, the plaintiff was entitled to claim exemption, on the ground that...

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