Prince Hans-Adam II of Liechtenstein v. Germany

In: International law reports, Band 149, S. 32-88

Abstract

32Human rights — Right to a fair trial — Admissibility of applicant's complaint — German courts' decisions declaring applicant's action inadmissible under Chapter 6, Article 3(1) and (3) of Settlement Convention — Whether amounting to denial of access to court — Whether limitation on applicant's right pursuant to legitimate aim — Whether proportionate — Interpretation and application of Chapter 6, Article 3(1) and (3) of Settlement Convention — Whether applicant's interest outweighing public interest — Whether impairment to very essence of applicant's right of access to court — Whether applicant having a fair hearing in Federal Constitutional Court — Whether Germany violating Article 6(1) of European Convention on Human Rights, 1950Human rights — Right to property — Admissibility of applicant's complaint — Confiscation of painting belonging to applicant's father by former Czechoslovakia in 1946 while on Czechoslovak territory — German courts declaring applicant's claims of ownership of painting inadmissible — Germany returning painting to Czech Republic — Whether interference with applicant's "possessions" — Whether Germany violating Article 1 of Protocol No 1 to European Convention on Human RightsHuman rights — Prohibition of discrimination — Admissibility of applicant's complaint — Nationality — Whether discrimination against applicant as Liechtenstein national — Article 14 of European Convention on Human Rights complementing other substantive provisions of Convention and its Protocols — Whether Article 14 applicable — Whether Germany violating Article 14Treaties — Interpretation — Jurisdiction — Settlement Convention — Chapter 6, Article 3(1) and (3) of Settlement Convention excluding German jurisdiction — Treaty of 12 September 1990 on Final Settlement — Amendments to Treaty by Agreement of 27 and 28 September 1990 — Suspension and termination of Settlement Convention — Preservation of Chapter 6, Article 3(1) and (3) of Settlement Convention with respect to Germany — Exclusion of German jurisdictionRelationship of international law and municipal law — Settlement Convention, Chapter 6, Article 3 — Interpretation — Whether excluding German jurisdiction — German courts dismissing applicant's complaint — Confiscation of painting belonging 33to applicant's father — Whether constituting measure under Chapter 6, Article 3(1) and (3) of Settlement Convention — Whether provisions set aside by Treaty on Final Settlement, 1990 — Interest of applicant versus vital public interest — Whether German courts' interpretation of municipal law, including as to international law, compatible with European Convention on Human RightsWar and armed conflict — Second World War — Germany capitulating on 8 May 1945 — Occupation — Four Allied Powers assuming supreme authority in Germany — Allied Declaration of 5 June 1945 — Convention on Settlement of Matters Arising out of the War and the Occupation, 1952 — Settlement Convention amended by Schedule IV to Protocol on the Termination of the Occupation Regime in Federal Republic of Germany, 1954 — Particular status of Germany under international law after Second World War — Germany lacking full authority of sovereign State over its internal and external affairs — Treaty on Final Settlement, 1990 — Preservation of Chapter 6, Article 3(1) and (3) of Settlement Convention with respect to Germany — Political union of Federal Republic of Germany and German Democratic Republic on 3 October 1990 — Reunification of Germany — Germany obtaining full sovereign State authority