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Danzig-Polish Post Office Dispute 1925 | den Danzig -- polnischen Poststreit

was inconsistent with the provisions of the Warsaw Agreement. It is also based on the fact that the decision of February 2^nd did not fix the bounds of the port, as desired by the Polish Government, and on the assertion that it was impossible to carry out that decision in practice.

The opinion of the Senate of the Free City on this appeal is dated March 2^nd, 1923. It was to the effect- that the appeal should purely and simply be rejected.
A Polish reply to this opinion, dated March 9^th, 1925, was followed by a rejoinder from Danzig dated March 12^th.
On the following day, March 13, 1925, the Council of the League of Nations, having before it the documents enumerated above concerning the appeal and a. report. by the Spanish representative, was called upon to give its decision upon the question referred to it by Poland’s appeal. After hearing the statement of the Parties the Council, as a preliminary measure, adopted the resolution reproduced in the introduction to this opinion.

II.

The Council’s request. for an advisory opinion contains two questions.
The first is whether there is in force a decision of General Haking  which decides, in the manner stated in paragraph 18 of the present High Commissioner’s decision of February 2^nd, 1925, or otherwise, the points at issue regarding the Polish postal service, and, if so, whether such decision precludes reconsideration by the High Commissioner or the Council of all or any of the points in question. This is a. preliminary question which relates to what is generally known as the doctrine of res judicata, and the second question arises only if the answer of the Court to the first is in the negative.

The second question is one on the. merits. It contains two points: (a) Is the Polish postal service at the port of Danzig restricted to operations which can be performed entirely within its premises in the Heveliusplatz, or is it entitled to set up letterboxes and collect. and deliver postal matter outside these premises ? (b) Is the use of the said service confined to Polish authorities and officials, or can it. be used by the public ?

Danzig-Polish Post Office Dispute, Seite 17.