Case Concerning the Factory at Chorzow (Germany v. Poland)

1928 P.C.I.J. (Ser. A) No. 17, at 46-48 (September 13, 1928)

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Case Concerning the Factory at Chorzow (Germany v. Poland)

Permanent Court of International Justice
1928 P.C.I.J. (Ser. A) No. 17, at 46-48 (September 13, 1928)

Facts

In 1915, the German Reich negotiated to have a Bavarian company set up a factory in Chorzow. Germany (plaintiff) maintained an interest in the factory. In 1919, after the signing of the Treaty of Versailles, but prior to the treaty’s effect, the Reich transferred all of its interests in the factory to a newly formed private company. The Bavarian company continued to manage the factory. Under the Treaty of Versailles and the Geneva Convention, Poland (defendant) was obligated to respect the property interests of German private parties but was entitled to expropriation privileges of property held by the Reich. In 1920, the Polish government passed legislation transferring German assets held before November 11, 1918, to the Polish treasury. In 1922, a Polish court approved the transfer of the Chorzow factory. Germany brought this action, claiming that Poland violated international law with the transfer.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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