The Hague, 11 February 2005. In its session on 10 February 2005, the International Court of Justice at The Hague has clarified an issue of major importance for Liechtenstein: Liechtensteins claims in respect of an infringement of its sovereignty resulting from the confiscation of Liechtenstein-owned property in the territory of former Czechoslovakia in connection with World War II are not to be asserted against Germany.
While, in the past, Liechtenstein had originally asserted its claims against Czechoslovakia and its successor states, the Czech Republic and Slovakia, a new situation emerged in 1995. Germany had availed itself of such confiscations of Liechtenstein property that could be used to settle German war reparation debts in particular with the Czech Republic. This in turn caused the Czech Republic to refuse, with reference to Germanys attitude, talks with Liechtenstein. As a consequence, Liechtenstein had brought an action against Germany before the International Court of Justice, asking the Court to find the Federal Republic of Germany responsible under the principles of international law, because Liechtenstein saw in particular its sovereignty and neutrality infringed by Germanys attitude. Now the Federal Court of Justice has decided that it has no jurisdiction in the case against Germany. The Principality of Liechtenstein will therefore consider the further course of action, and in particular whether it can start the relevant OSCE dispute settlement mechanisms with respect to its case against the Czech Republic and the Slovak Republic and the expropriations in 1945.
The Special Commissioner and Agent of the Principality of Liechtenstein, the Düsseldorf-based lawyer Dr. Alexander Goepfert, said in this context: "Even though our recourse to the International Court of Justice was time-consuming, it was necessary to defend Liechtensteins sovereignty effectively. In addition, the Courts decision has now clarified to Liechtensteins satisfaction that it is to the Czech Republic and the Slovak Republic that Liechtensteins claims should be directed. We will now carefully consider and examine possible ways of how to proceed in this matter."
In the course of the EEA enlargement process, Liechtenstein has already successfully insisted that a Liechtenstein declaration was to be incorporated into the final act which confirms that Liechtenstein is a longstanding sovereign state which was neutral during World War I and World War II.
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