JUDGMENT No. 12.-UPPER SILESIA (MINORITY SCHOOLS) 8 The submissions of the applicant Government are not amended in the Reply. On the other hand, the Respondent, in his Rejoinder, argues that the Applicant, in his Reply, has excluded the question of the interpretation of Article 69 of the Geneva Convention, and on this ground the Applicant submits that the Court "should decline jurisdiction". Furthermore, the Respondent in his Rejoinder formulates the objection already mentioned in the Counter-Case, to the effect that the case referred to the Court has already been settled by the Council of the League of Nations. The submissions of the Parties have not been substantially modified in the oral proceedings. The German Agent, however, referring t o the new submissions made in the Polish Government's Rejoinder, has asked the Court for judgrnent on the merits in accordance with his subrnissions. The Polish Agent has maintained his claims in the oral proceedings, though he stated that he had not raised his objection to the jurisdiction as a preliminary objection, but that he meant i t to be taken together with the merits. THE FACTS. Under Article 88, paragraph 1, of the Treaty of Versailles, the inhabitants of the portion of Upper Silesia the boundaries of which are indicated in the same article, were to be "called upon to indicate by a vote whether they wished to be attached to Germany or to Poland". The plebiscite took place on March zoth, 1921, and the Conference of Ambassadors gave on October aoth, 1921, in accordance with the opinion given by the Council of the League of Nations, a decision concerning the partition of Upper Silesia between Germany and Poland and the manner in which this partition was to be carried out. This decision contains the following passages amongst others : "II. The German and Polish Governments will conclude as early as possible. . . . . a convention to give effect to the following provisions l : . . . . . . . . . . . . . . . . . . . . . . Text taken from League of Nations Officia1 Journal.