Staad-Meersburg Case

CourtObsolete Court (Germany)
Docket NumberCase No. 53
Date01 a 1934
Court of the German Reich
Case No. 53
Staad-Meersburg Case

Lakes — Lake Constance — Sovereignty over — Whether Determined by Condominium or Actual Division.

See the decision of the Court of the German Reich in Financial Matters of June 1, 1934, on the question whether the purchase and sale of commodities on a steamer plying between Staad and Meersburg (both in Germany) were subject to German taxation. In the judgment the Court said: “There are various views as to the position of Lake Constance. According to some, the Lake belongs actually to the riparian States in ‘real parts’; the frontier is drawn from the ‘middle line’, which means that each part of the Lake belongs to the State which is nearest to it. Others are of the view that there is a condominium of the riparian States, either subject to the exception of certain coastal strips or subject to no exception whatsoever; also, treaties may provide that certain parts of the Lake shall not be subject to the condominium. In its decision of September 25, 1923 (Decisions of the Reichsgericht in Criminal Matters, vol. 57, p. 368; [Annual Digest, 1923–1924, Case No. 51]), the Court accepted the theory of ‘real division’. This Court adheres to that theory. One of the reasons prompting its acceptance is that on the theory of a...

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