Shareholders of the Z. A.G. v. A. Bank.

Abstract

Jurisdiction — Personal — Over property of nationals situated abroad — Power of State to waive by treaty claims of its nationals situated abroad — The law of Germany.

The individual in international law — Nationality — In general — Effect of State's conduct towards national on its rights against him — The law of Germany.

Treaties — Interpretation of — Principles and rules of — Extensive interpretation in view of objects of treaty — Interpretation by reference to other treaties — Grammatical interpretation — Treaty of Peace with Hungary, 1949 — The law of Germany.

Disputes — Court of Justice of the European Communities — Treaty of Rome, 1957 (Article 177) — Competence of Court to give preliminary rulings — Obligation of domestic courts to refer issues — French Conseil d'Etat — When obliged to seise European Court of Justice of questions raised in court proceedings — The law of France.

Treaties — Special kinds of — Peace treaties — Peace Treaty with Hungary, 1947 — Waiver of claims by Hungary against Germany — Waiver on behalf of Hungarian nationals — Effect on claims by shareholders of Hungarian company to credit with German bank — Waiver in favour of third party — Incorporation of waiver into domestic law of third party — The law of Germany.