Gallery

This appeal, dated February aoth, 1925, is based, amongst other
things, on the allegation that the decision in question proceeded on/
an erroneous construction of the decision of May 25th, 1922, and
was inconsistent with the provisions of the Warsaw Agreement.
It is also based on the fact that the decision of February 2nd 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 znd, 1925. It was to the effect that the appeal should purely
and simply be rejected.
A Polish Reply to this opinion, dated March gth, 1925, was followed by a Rejoinder from Danzig dated March 12th.
On the following day, March qth, 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 znd, 1925, or othenvise,
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 al1 or any of the points in question. i
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. i
The second question is one on the merits. It contains two points :