JUDGMENT No. 12.-UPPER SILESIA (MINORITY SCHOOZS) 16 By means of a petition dated January 3oth, 1928, and addressed directly to the Council of the League of Nations under Article 147 of the Geneva Convention, the Deutscher Volksbund submitted to the Council a question relating to the establishment of a minority elementary school in the school district of Biertultowy, in Polish Upper Silesia. In the observations submitted by i t on March rst, 1928, in regard to this petition, the Polish Government expressed the opinion that the main question raised in the petition, namely, the question concerning the opening of the minority school of Biertultowy, could not usefuLly be considered by the Council a t the moment, since it was bound up with the question of the interpretation of Articles 106 and 131 of the Geneva Convention and the interpretation of these articles was then the subject of proceédings before the Permanent Court of International Justice at The Hague. The Deutscher Volksbzdnd having pointed out that, prior to its direct appeal to the Council, it had submitted its petition to the Polish Office of Minorities at Katowice in accordance with the procedure laid down in Articles 149 to 157 of the Geneva Convention, but had been unable to obtain any answer concerning the action taken in regard to that communication, the Polish Government further explained that the reason why it had not hitherto seen fit to forward the appeal in question to the Council was simply because i t held that the question forming the subject of the petition could not usefully be considered by the Council for the time being. The Council noted this statement of the Polish Government and decided to postpone consideration of the question concerning the creation of the minority school at Biertultowy until the Permanent Court of International Justice had given its decision upon the German Government's Application of January and, 1928, to which the Polish Government had made ref erence.

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