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[p201] The
Permanent Court of International Justice,
composed as above,
after deliberation,
Makes the following Order:
[1] Having regard to Article 48 of the Statute of the Court;
[2] Having regard to Article 61 of the Rules of Court;
[3] Having regard to the Application of July 1st, 1933, whereby the German
Government brought before the Court a suit against the Polish Government
"concerning the application of the" Polish "agrarian reform to the German
minority in the voivodeships of Posnania and Pomerelia and kindred
questions", which Application was filed in the Registry of the Court on July
3rd, 1933;
[4] Having regard to the appointment by the German Government of M. Viktor
Bruns, Professor of Law at the University of Berlin, Director of the
Institute of Comparative Public Law and International Law, as its Agent ;
and to the appointment by the Polish Government of M. Thadeus Sobolewski,
[p202] Doctor of Law and Principal Counsellor at the State Litigation
Office, as its Agent;
[5] Having regard to the Order of July 4th, 1933, whereby the President of
the Court - the Court not being in session-fixed the time-limits for the
filing of the Case by the German Government and of the Counter-Case by the
Polish Government in the suit, the right to fix time-limits for the filing
of the Reply and Rejoinder being reserved;
[6] Having regard to the Order of July 29th, 1933, whereby the Court
dismissed the request for the indication of interim measures of protection
submitted by the German Government together with its Application of July
1st, 1933, instituting proceedings ;
Having regard to the Orders of August 19th and September 25 th, 1933,
whereby the President of the Court - the Court not being in session -
extended the time-limits fixed by the Order of July 4th, 1933;
[7] Whereas the time-limit finally fixed for the filing of the Case expired
on November 1st, 1933;
[8] Whereas, on October 27th, 1933, the Registrar of the Court received from
the German Minister at The Hague a note to the effect that the German
Government does not intend to proceed with the suit concerning the Polish
agrarian reform which it had brought before the Court;
[9] Whereas, pursuant to the provisions of the Rules, a copy of this
communication was transmitted, for information and any necessary action, to
the Agent for the Polish Government ;
Whereas, by a letter of November 15th, 1933, that Agent informed the Court
that, in view of the attitude on the part of the German Government indicated
by this note, the Polish Government has no objection to the discontinuance
of proceedings in this case and, as it accordingly considers them closed,
"requests the Court officially to record the fact";
[10] Whereas the withdrawal of the suit by the German Government and the
acquiescence of the Polish Government in this withdrawal terminate the
proceedings instituted;
[11] THE COURT,
noting the communication received on October 27th, 1933, from the German
Minister at The Hague, to the effect that the German Government withdraws
the suit submitted by its Application of July 1st, 1933;
placing on record the declaration made on November 15th, I933. by the Agent
of the Polish Government to the effect that that Government acquiesces in
this withdrawal; [p203]
declares that the proceedings begun by the Application of the German
Government are terminated;
decides that the said case shall be removed from the Court's list.
[12] Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this second day of December, one thousand nine
hundred and thirty-three, in three copies, one of which shall be placed in
the archives of the Court and the two others transmitted to the German
Government and to the Polish Government respectively.
(Signed) M. Adatci,
President of the Court.
(Signed) A. Hammarskj�ld,
Registrar of the Court.
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