Hardt v Governor of Poznan

• Jurisdiction: Polonia
• Docket Number: Case No. 8
• Date: 21 December 1927
• Court: Supreme Administrative Court (Poland)

Supreme Administrative Court of Poland.

Case No. 8

Hardt

and

Governor of Poznan.

International Law in General — Relation to Municipal Law — Treaties — Conflict of Operation and Enforcement.

The Facts.—Plaintiff demanded from the local administrative authority and, upon refusal by the same, from the defendant as competent superior administrative authority, a recognition of plaintiff's Polish nationality. The defendant having refused the declaration demanded by the plaintiff, the latter brought the present action (to have defendant's decision quashed), claiming, inter alia, that his title was based on the Treaty of Versailles (Article 91) and on the treaty between the Principal Allied and Associated Powers and Poland, bearing the same date (the so-called Polish Minorities Treaty), which two Treaties could not be altered by the German-Polish Convention of Vienna of 30 August, 1924, to which the Principal Allied and Associated Powers were not parties.

Held: Inter alia, that the Court could not admit the argument that the Vienna Convention could not alter or supplement the Treaties signed previously at Versailles, “because the Vienna...