12.-UPPER 44 holds that the prohibition as regards any verification or dispute does not cease to apply in cases where it appears that the declaration is not in accordance with the facts. In regard to this, the Court refers to what i t has already said concerning Article 74. JUDGMENT NO. SILESIA (MINORITY SCHOOLS) * * * Approaching now the third contention of the German Government, the Court observes that Article 68 of the Convention is alone relevant in this connection. For Article 65 (see Annex), which the German Government has also cited, adds nothing to the principles contained in Article 68, but endows them with a peculiarly important and predominant character. As regards Article 72, paragraph 2, and the Preamble to Division II (see Annex), which are also cited, no explanation has been given enabling the Court to take them into consideration. According to the German contention, the measures in question are those described in the original English version as "singling out the minority schools to their detriment". This expression, in the opinion of the Court, means measures which constitute a treatment of minority schools less favourable or more unfavourable than the treatment accorded to other schools, and a treatment which is a t the same time of a more or less arbitrary character. In support of its contention, the German Government, in its Reply, has alleged that, since the putting into force of the Convention, the German minority schools have been, in most cases, organized and maintained in face of strong opposition on the part of the Polish authorities. It has stated that more than 700 petitions emanating from members of the minority who complain of arbitrary interference on the part of the Polish authorities in the affairs of minority schools, are still pending, and that seven collective petitions also exclusively relating to minority schools, have been submitted to the Council of the League of Nations, in accordance with Articles 149 and 157. In proof of its statement that the attitude of the Polish authorities has been hostile to the minority schools, the German Government has cited the fact that, in an Opinion given on October ~ z t h , 1927, the President of the Mixed

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