Respondent: Federal Republic of Germany

Court: International Court of Justice in The Hague

Special Commissioner and Agent of the Principality of Liechtenstein: Rechtsanwalt Dr. Alexander Goepfert, Düsseldorf

Counsels

Professor Dr. Dieter Blumenwitz (University of Würzburg)
Professor James Crawford (University of Cambridge)
Professor Gerhard Hafner (University of Vienna)
Professor Alain Pellet (University of Paris X-Nanterre)

Objectives of the Application

The International Court of Justice shall determine that Germany failed to respect the sovereignty and neutrality of Liechtenstein and the rights of its nationals with respect to their property.

The Federal Republic of Germany shall be obliged not to treat Liechtenstein's external assets as German external assets that may be used for settling German war debts. In this way, the property of the nationals and enterprises of Liechtenstein shall be safe from future violations of their rights by third parties.

Germany shall be bound to compensate the affected nationals and enterprises of Liechtenstein; the amount of these payments shall be determined in a separate phase of proceedings.

Chronology

Since 1995 change in the German position
According to the decisions of the German courts, confirmed in 1998 by the Federal Constitutional Court, assets of Liechtenstein in the territory of the former Czechoslovakia are treated as German external assets. The courts state that such Liechtenstein assets can be used to settle German reparation debts payable to the Czech and Slovak Republic. Since then, German courts and the Federal German Government refer to the State Liechtenstein and its nationals as being " part of the German nation".

1998 - 2000 Diplomatic Consultations
Two years of diplomatic consultations between the Federal Republic of Germany and Liechtenstein did not result in a solution. Germany declines any liability whatsoever in international law and refuses to compensate Liechtenstein for the losses incurred.

1 June 2001
Liechtenstein files an application against the Federal Republic of Germany before the International Court of Justice.

28 March 2002
Liechtenstein submits the written grounds for its application (so-called Memorial).

Further Steps in the Proceedings

Within three months Germany has the opportunity to present possible objections against the admissibility of the application.

In turn, Liechtenstein can then react to the arguments of Germany.

The International Court of Justice will then decide on the admissibility of the application.