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Re Application No. 235/56 (Mr. X. and Mrs. X. v. German Federal Republic).

European Commission of Human Rights.  10 June 1958 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State responsibility — For breaches of treaty obligations — By subsequent inconsistent treaty — Obligation to exercise due diligence to avoid conflict.

State responsibility — Nature and kinds of — Responsibility for wrongs unconnected with contractual obligations — Acts of judicial organs — Whether Supreme Restitution Court in Germany a judicial organ for which Germany responsible — International character of Tribunal — Position of Court of Restitution Appeals — Relevance of fact that it functions in Germany — Effect on responsibility of Germany for decisions of inferior courts — “Absorption” of responsibility.

Treaties — Conclusion and operation of — Inconsistent treaties — Effect of — Responsibility for breach of earlier treaty — Requirement of exercise of due diligence to avoid conflict.

Arbitration — Procedure — Competence to determine rules of procedure.

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Individual applications — Supreme Restitution Court of German Federal Republic — As international tribunal — Whether within jurisdiction of Federal Republic — Court of Restitution Appeals — Whether within jurisdiction of Federal Republic — Alleged miscarriage of justice by Tribunal within jurisdiction of Contracting Party — Absorption by decision of international tribunal — Such decision not subject to review by Commission.

Type
Case Report
Copyright
© Cambridge University Press 1963

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