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