Laubitz v Minister of Religious Cults

• Jurisdiction: Polonia
• Date: 22 November 1934
• Docket Number: Case No. 5
• Court: Supreme Administrative Court (Poland)

Poland, Supreme Administrative Court.

Case No. 5

Laubitz

and

Minister of Religious Cults and Public Instruction.

International Law — Relational to Municipal Law — Municipal Statutes — Alleged Inconsistency with Treaties.

The Facts.—The Concordat between Poland and the Holy See of 1925 provided in Article XIV that the Polish authorities may not change the purpose for which church property is destined. Article XVI of the Concordat permitted ecclesiastical corporations to acquire, possess, and administer movable and immovable property, on condition of compliance with the universally binding rules of Polish law.

The Polish authorities notified the See of Gniezno that certain churches within the diocese were declared to be works of art of special historic importance and were therefore subject to regulations concerning such monuments. The plaintiff, acting on behalf of the See, appealed to the Ministry of Religious Cults and Public Instruction, which rejected his appeal. Thereupon the plaintiff brought the present action. He submitted that the Presidential decree of 1928, having the force of a statute on the basis of the Law of August 2, 1926, must not be applied to the property of the Catholic Church because such a course would be in contradiction with Article XIV of the Concordat since it would imply the necessity of pasting special signs on the buildings and entering in the land registry a...