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