Re Silesian Mines and Zinc Works in Lipiny

• Jurisdiction: Polonia
• Docket Number: Case No. 260
• Date: 22 June 1925
• Court: Court of Appeal of Katowice (Poland)

Court of Appeal at Katowice, Poland.

Case No. 260

In re Silesian Mines and Zinc Works in Lipiny.

Enforcement of Treaties — Transactions likely to render difficult the subsequent Conclusion of International Agreements Provided for in Previous Conventions — Treaty of Versailles (Articles 88 and 90).

The Facts.—Under Article 88 of the Peace Treaty of Versailles Germany had renounced in favour of Poland all Upper Silesian territories to the east of a line to be established later on by the Principal Allied and Associated Powers. That line was established by the Conference of Ambassadors, upon the advice of the Council of the League of Nations, on 20 October, 1921; at the same time Germany and Poland were required to conclude a convention with regard to certain problems affecting the ceded Upper Silesian territory. The convention was concluded in Geneva on 15 May, 1922, and Article VIII of its Final Protocol provides: “The legal questions relating to … as well as the other corporations of public law whose sphere of activities is divided (cut in two) by the frontier line, will form the subject of special regulations (règlement).” The territory of the municipal corporation of Beuthen (Bytom) was cut by the frontier line, a small part of it remaining on the Polish side; out of that part was formed, under a law passed by the diet of Polish Silesia, the new city corporation of Nowy Bytom. On 4 February, 1924, the city corporation of Beuthen transferred to the applicant company part of the real estate...