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[p194] 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 May 18th, 1932, whereby the German
Government brought before the Permanent Court of International Justice a
suit against the Polish Government, founded on an alleged violation by the
Polish Government of certain obligations incumbent upon that Government
under the Geneva Convention of May 15th, 1922, concerning Upper Silesia, in
regard to the Administration of the Prince von Pless, a Polish national
belonging to the German minority in Polish Upper Silesia;
[4] Having regard to the appointment by the German Government of Professor
Erich Kaufmann, of Berlin, as its Agent, and to the appointment by the
Polish Government of [p195] M. Thadeus Sobolewski, Doctor of Law and
Principal Counsellor at the State Litigation Office, as its Agent;
[5] Having regard to the document filed with the Registry on October 8th,
1932, whereby the Polish Government, relying on Article 38 of the Rules,
raised a preliminary objection to the German Government's Application,
submitting that the Court should "declare the German Government's
Application inadmissible" ;
[6] Having regard to the Order of February 4th, 1933, whereby the Court,
inter alia, joined the preliminary objection lodged by the Polish Government
to the merits of the case and provisionally fixed the time-limits for the
filing of the documents of the written proceedings on the merits, other than
the Case of the applicant Party;
[7] Having regard to the Order of May nth, 1933, whereby the Court declared
that a request for the indication of interim measures of protection filed by
the German Government on May 2nd has ceased to have any object;
[8] Having regard to the Order of July 4th, 1933, whereby the President -
the Court not being in session - finally fixed the time-limits for the
filing of the Counter-Case, Reply and Rejoinder on the merits, the
time-limit for the filing of the Counter-Case expiring on December 29th,
1933;
[9] 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 case concerning the
Administration of the Prince von Pless which it had submitted to the Court;
[10] Whereas, pursuant to the provisions of the Rules of Court, a copy of
this communication was transmitted, for information and any necessary
action, to the Agent of the Polish Government in the case;
[11] Whereas, by a letter of November 15th, 1933, the said 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";
[12] Whereas the withdrawal of the suit by the German Government and the
acquiescence of the Polish Government in this withdrawal terminate the
proceedings instituted;
[13] 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 May 18th, 1932; [p196]
placing on record the declaration made on November 15th, 1933, by the Agent
of the Polish Government to the effect that that Government acquiesces in
this withdrawal;
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.
[14] 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 forwarded to the German
Government and the Polish Government respectively.
(Signed) M. Adatci,
President of the Court.
(Signed) �. Hammarskj�ld,
Registrar of the Court.
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