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Posted by / 16-Apr-2020 03:51

He also added that the new wording had been expressly submitted as a subsidiary form only, and that, if in the Court's opinion the subsidiary submission constituted an essential amendment of the Application, which in his view would not be correct, the original wording had been neither replaced nor withdrawn.

[17] The Agent of the Polish Government, in his reply on February 8th, 1926, after admitting that the Court had overruled the contention submitted by his Government in the proceedings upon the plea to the jurisdiction and had ruled that the notices possessed a definitive character, stated that, in order to simplify the argument, he left aside all these questions of form, withdrew the submission set out in the Rejoinder and agreed to argue the matter on the basis of the so-called subsidiary submission, that is to say, the submission formulated in the Reply. The German Government, during the oral proceedings, has withdrawn its application in so far as certain estates mentioned in submission No. [19] (1) As regards the estate of Frau Hedwig Voigt, the application was withdrawn by a statement made by the Agent of the German Government at the hearing of July 18th, 1925, after information had been supplied by the Polish Agent to the effect that the notification concerning this estate had been withdrawn.

The Polish Government having, before the expiration of the time allowed for filing of its Counter-Case, requested additional time, the President granted this request and decided, in virtue of the powers conferred upon him by Article 33 of the Rules of Court, to postpone by one month the date fixed for the filing of the next document; the times thus expired as follows: For the filing of Counter-Cases by the Respondent: Saturday, November 28th, 1925; For the filing of Replies by the Applicant: Saturday, December 26th, 1925; For the filing of Rejoinders by the Respondent: Saturday, January 23rd, 1926.

"We are also grateful to the Friends of the Meadows and Bruntsfield Links for their continued support throughout the campaign.In his statement of February 5th, the Agent of the latter Government observed that, having regard to the close connection existing between expropriation and notice of an intention to expropriate, submission No.3 of the Application, as originally drafted, and the subsidiary form expressed the same idea, and that the subsidiary form amounted merely to a slight [p10] modification in the mode of expression.General Maczek was commander of the 1st Polish Armoured Division and appointed by Winston Churchill to the role of defending Scotland’s East coast from potential invasion.When the war ended he was unable to return to his native Poland because it was incorporated into the Soviet Union as part of an allied agreement.

These interests concerned in the first place the application of Articles 2 and 5 of the Polish law of July 14th, 1920, the deletion from the land registers of the name of the Oberschlesische Stickstoffwerke Company (hereafter called the "Oberschlesische") as owner of certain landed property at Chorzw, and the entry, in its place, of the Polish Treasury; the taking over by a delegate of the Polish Government of control of the working of the nitrate factory at Chorzw; also the taking possession by him of the movable property and patents, licences, etc., of the Bayerische Stickstoffwerke Company (hereafter called the "Bayerische"), which had previously worked the factory.