JUDGMENT No. 12.-UPPER SILESIA (MINORITY SCHOOLS) 20 instruction and the corresponding school for the pupil or child for whose education he is responsible-likewise subject to no verification, dispute, pressure or hindrance in any form whatsoever on the part of the authorities. (3) Any measure singling out the minority schools to their detriment is incompatible with the equal treatment granted by Articles 65, 68, 72, paragraph 2, and the Preamble to Division II. The submissions of the Polish Government's Counter-Case have been set out above. I t has also been remarked that in his written Rejoinder the Agent for the Polish Government submitted that the Court should decline jurisdiction and he maintained his submission in the oral proceedings, though stating that he did not raise this objection as a preliminary objection but intended i t to be taken with the merits. The same applies as regards the objection to the effect that the matter had already been settled by the Council of the League of Nations. The word débouter (dismiss) in the Polish Government's main submission must be taken as possessing the meaning ordinarily attaching to it in French law ; i t is therefore clear that this submission relates to the merits of the suit and means that the Polish Government disputes the accuracy of the German Government's contentions and asks the Court to dismiss the claim. The terms of the alternative (éventuelle et subsidiaire) submission of the Polish Government, if compared with the submission of the German Government, also show that the Polish Government does not accept the German Government's contentions. The Court will later have to consider more closely the differences of opinion existing between the Parties in regard to these contentions. But i t seems desirable t o observe already in this connection that the following facts amongst others emerge from a comparison between the two submissions : Poland holds that, as well as the articles quoted in support of the first two contentions of the German Government, Article 69 of the Convention must also be taken into account ; Poland does not admit that the articles in question bestow unfettered liberty on any person "to choose the language of instruction and the corresponding school for the pupil or

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