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articles taken by themselves and in their relation one to another.
It has also been urged that recognition of Poland\'s claims would
result in a serious loss to the revenue of the Free City of Danzig.
It cannot be doubted that the institution of a Polish postal service in
the port of Danzig would mean a loss to the Danzig postal monopoly,
but this consideration cannot affect the treaty rights to which, in
the opinion of the Court, Poland is entitled.
The Court wishes to point out that nothing in the present opinion
can be construed as prejudging the way in which, from the point
of view of private rights and municipal administration, Poland\'s
postal rights in Danzig may be exercised.
Since the Court is of opinion that the port in the postal sense 1s
not a persona1 entity comprising certain authorities and offices or
categories of persons, as contended by Danzig, and that the Polish
postal service is not limited to operations inside the building in
the Heveliusplatz, it is essential to indicate why the Court
considers the port of Danzig as a territorial area.
Besides the fact that the expression \"the port of Danzig\" conveys, as ordinarily used, the notion of a territorial and topographical entity, both the Paris Convention and the Warsaw Agreement
use in several instances the expression : dans le Port (irn Hafen von
Danzig), and particularly in Article 168 of the above-mentioned
Agreement there is a specific mention of arrangements to be
concluded concerning the relations between Polish post, telegraph or
telephone offices in the port with addressees or Polish authorities
and offices outside the port ([b] and [cl) or with \'Tolish authorities
and offices which are in Danzig outside the Port\" (168 [a).
These distinctions prove, whatever interpretation may be put
upon Article 168 as a whole, that in the opinion held by the contracting Parties in 1921 the port of Danzig is regarded as a territorial
area lying within the territory of the Free City. This conclusion is
confirmed by the wording of certain other provisions of the
Warsaw Agreement, e. g. its Article 240.
The correspondence emanating from Poland and subsequent to
1921 shows that she has never abandoned this point of view.


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Added: 18/05/2025
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