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Gallery » II. The Council\'s request » The council\'s request

Commissioner\'s letter, seeing that they did not object to it. On
January zoth, the Commissioner-General of Poland, answering the
letter of January 6th, informed the High Commissioner that he
considered Danzig\'s application to be \"hasty\" (firématurée) since
the question \"had only just begun to be discussed between the
postal Administrations of Poland and of Danzig under Article 168
of the Poland-Danzig Agreement of October 24th, I~ZI\". Instead
of admitting that the question as to the territorial extent of the
Polish postal service had been settled by a previous decision of the
High Commissioner, Poland very clearly stated that the question
had still to be settled and this, in the first place, by means of
negotiations under Article 168 of the Warsaw Agreement.
Danzig contends that the jurisdiction conferred on the High
Commissioner by Article 240 of the Warsaw Agreement, does not
concern any of the points reserved for negotiation under Article 168.
If Danzig\'s contention was correct, the reply of the Polish Commissioner-General of January zoth, 1923, would perhaps not
have met the real point at issue. However this may be, the two
postal Administrations exchanged in the following months letters
dealing with the legal basis of the negotiations to be carried on
under Article 168 and the Senate of the Free City seems to have
taken no steps before December 1924, in order to obtain a decision
on the points raised in their letter of January 4th, 1923, nor to have
made a statement to the effect that it considered these points as
already settled by the letter of the High Commissioner.
For these reasons the Court reaches the conclusion that there is
no decision of General Haking in force dealing either with the question whether the Polish postal service is restrjcted to operations
which can be performed within its premises, or with the question
whether its use is confined to Polish authorities and offices. It is
therefore unnecessary for the Court to consider whether the existence of a final decision could, and if so, under what circumstances,
leave room for reconsideration of these points by the High Commissioner or by the Council of the League of Nations.


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Added: 18/05/2025
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