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Prussian Trust

August 22, 2023

The Prussian Trust, or Prussian Claims Society, (German: Preußische Treuhand GmbH & Co. KGaA) is a corporation registered in Düsseldorf, founded in 2000 as Preußische Treuhand GmbH by some descendants of German expellees, and supported by some officials of the Landsmannschaft Schlesien organization. It seeks to claim compensation from Poland and the Czech Republic,[1] among others, for property confiscated from Germans expelled from territories which after World War II became parts of Poland and Czechoslovakia.[1]

The chairman of the supervisory board is Rudi Pawelka, who also is president of the Landsmannschaft Schlesien, and vice president is Hans Günther Parplies, also vice president of the Federation of Expellees. The Trust probably has fewer than a hundred members.[2]

Compensation claims against Poland

Rudi Pawelka told the Daily Telegraph on 15 February 2004 that:

Germans held lands and properties in what is now Poland for hundreds of years. They have a deep, inner connection to the region and many want their properties back. Soon we will all be Europeans. Poland's accession to the EU will enable us to take our case to the Strasbourg court for the first time. Poland must not be allowed to discriminate against Germans.[3]

The then-German chancellor Gerhard Schröder stated on 1 August 2004 that the German government will not support these claims. Also, the Polish Sejm declared that Poland will demand war reparations from Germany if the German government does not end the press for compensations. Some German politicians stated that the claims by the Sejm were ridiculous and had no legal basis. The corporation's activities have been repudiated by some German politicians who have addressed the issue, including the president of the Federation of Expellees, Erika Steinbach.[4]

In December 2006, the corporation filed 23 individual claims against Poland in the European Court of Human Rights, an action which has been condemned by both the Polish and German governments.[5]

The Polish government decided that the submissions warranted a comment by Anna Fotyga, the Polish Minister of the Foreign Affairs who "express [her] deepest concern upon receiving the information about a claim against Poland submitted by the Prussian Trust to the European Court of Human Rights".[6]

Contributory factors to the special quality of relations between Germany and Poland include the former’s unconditional admission of guilt for the Second World War and its renouncement of subsequent material claims after the war. The Federal Government supports neither private restitution claims by expellees nor complaints like that submitted by the private Prussian Trust to the European Court of Human Rights. Federal Chancellor Merkel has repeatedly reaffirmed this position. (The German Federal Foreign Office, October 2008).[7][a]

On 9 October 2008 the European Court of Human Rights declared the case of Preussische Treuhand v. Poland inadmissible, because of the non-retroactivity of the European Convention on Human Rights:

The Court would recall that Article 1 of Protocol No. 1 cannot be interpreted as imposing any general obligation on the Contracting States to return property which was transferred to them before they ratified the Convention. Nor does this provision impose any restrictions on the Contracting States’ freedom to determine the scope of property restitution or rehabilitation laws. The States are free to choose the conditions under which they agree to restore property rights of former owners and the Convention imposes no specific obligation on them to provide redress for wrongs or damage caused prior to their ratification of the Convention ...

— Nicolas Bratza President of the Court.[8]

See also

Notes

  1. ^ Similar text was on the page in January 2007 (first time it was checked). When the page was the text (slightly modified from the initial text) remained on the page. It had been altered by (after the European Court of Human Rights case was finished to include a mention of the court's verdict).
  1. ^ a b Aris 2004.
  2. ^ Ziemer 2005, p. 4.
  3. ^ Paterson 2004.
  4. ^ Puhl & Wassermann 2007.
  5. ^ Staff writer 2006.
  6. ^ Fotyga2006.
  7. ^ German Federal Foreign Office 2007.
  8. ^ Bratza 2008.

References

  • English language homepage of the Die Preußische Treuhand GmbH & Co. KG a. A.

Official comments

  • Fotyga, Anna (21 December 2006), , archived from the original on 27 September 2011 — Polish Minister of the Foreign Affairs (2006–2007)
  • German Federal Foreign Office (April 2007), , archived from the original on 30 November 2008
  • Bratza, Nicolas (7 October 2008), Decision as to the admissibility Application no. 47550/06 by Preussische Treuhand GMBH & CO. KG A. A. against Poland, European Court of Human Rights

Journals

  • Ziemer, Klaus (2005), (PDF), Social Science in Eastern Europe: Newsletter, Social Science Information Centre (4): 4–11, ISSN 1615-5459, archived from the original (PDF) on 10 April 2008

In the news

  • Paterson, Tony (15 February 2004), "Germans claim 'Third Reich' Polish property", Daily Telegraph
  • Aris, Ben (in Berlin and AP in Warsaw) (2 August 2004), "Schröder apologises to Poles for 'immeasurable' wartime suffering", The Guardian
  • Staff writer (18 December 2006), "Poles Angered by German WWII Compensation Claims", Spiegel Online
  • Puhl, Jan; Wassermann, Andreas (1 January 2007), "Suit Evokes Ghosts of War", Der SpiegelOnline

Further reading

  • Clare Murphy. WWII expulsions spectre lives on BBC News online 2 August 2004
  • Stefan Theil Germany: Road to Better Days[permanent dead link], Newsweek, August, 2004 (backup site[permanent dead link])
  • DW staff. German Post-War Refugees to Claim Polish Assets, Deutsche Welle, 3 August 2004.
  • Penny Campbell Time Magazine, 12 September 2004.
  • DW staff. Warsaw-Berlin Tensions Rise Over Expellee Claims, Deutsche Welle, 6 September 2004.
  • Staff. Germans and Poles settle WWII row BBC News 27 September 2004
  • DW staff. Polish Leaders Criticize Latest German Compensation Claims Deutsche Welle 16 December 2006
  • Associated Press article. Polish prime minister urges parliament to affirm Poles' rights to property left by expelled Germans in the International Herald Tribune, 19 December 2006
  • Associated Press article. Polish foreign minister denies Warsaw wants to renegotiate 1990 border treaty with Germany, International Herald Tribune 20 December 2006
  • Mark Landler. Lawsuit Reopens Old Wounds in German-Polish Dispute New York Times 25 December 2006 (backup site)
  • Staff. Claims of Ownership - How the Organisation "Prussian Trust" is Complicating Relations with Poland[permanent dead link] Deutsche Welle 27 December 2006
  • W.Ż. . Warsaw Voice, 3 January 2007
  • Jan Puhl and Andreas Wassermann. Suit Evokes Ghosts of War Spiegel Online 2 January 2007
  • Tom Hundley. German claims from WW II rankle Poland's twin leaders[permanent dead link], Chicago Tribune, 25 January 2007
  • Staff. EU partners Poland, German ministers tackle WWII-era claims DPA German Press Agency 31 January 2007 — From not a DPA website ()
  • Staff. Spiegel interview with former Polish Foreign Minister Wladyslaw Bartoszewski Spiegel Online 15 February 2007. paragraphs 24-27.

August 22, 2023
prussian, trust, prussian, claims, society, german, preußische, treuhand, gmbh, kgaa, corporation, registered, düsseldorf, founded, 2000, preußische, treuhand, gmbh, some, descendants, german, expellees, supported, some, officials, landsmannschaft, schlesien, . The Prussian Trust or Prussian Claims Society German Preussische Treuhand GmbH amp Co KGaA is a corporation registered in Dusseldorf founded in 2000 as Preussische Treuhand GmbH by some descendants of German expellees and supported by some officials of the Landsmannschaft Schlesien organization It seeks to claim compensation from Poland and the Czech Republic 1 among others for property confiscated from Germans expelled from territories which after World War II became parts of Poland and Czechoslovakia 1 The chairman of the supervisory board is Rudi Pawelka who also is president of the Landsmannschaft Schlesien and vice president is Hans Gunther Parplies also vice president of the Federation of Expellees The Trust probably has fewer than a hundred members 2 Compensation claims against Poland EditRudi Pawelka told the Daily Telegraph on 15 February 2004 that Germans held lands and properties in what is now Poland for hundreds of years They have a deep inner connection to the region and many want their properties back Soon we will all be Europeans Poland s accession to the EU will enable us to take our case to the Strasbourg court for the first time Poland must not be allowed to discriminate against Germans 3 The then German chancellor Gerhard Schroder stated on 1 August 2004 that the German government will not support these claims Also the Polish Sejm declared that Poland will demand war reparations from Germany if the German government does not end the press for compensations Some German politicians stated that the claims by the Sejm were ridiculous and had no legal basis The corporation s activities have been repudiated by some German politicians who have addressed the issue including the president of the Federation of Expellees Erika Steinbach 4 In December 2006 the corporation filed 23 individual claims against Poland in the European Court of Human Rights an action which has been condemned by both the Polish and German governments 5 The Polish government decided that the submissions warranted a comment by Anna Fotyga the Polish Minister of the Foreign Affairs who express her deepest concern upon receiving the information about a claim against Poland submitted by the Prussian Trust to the European Court of Human Rights 6 Contributory factors to the special quality of relations between Germany and Poland include the former s unconditional admission of guilt for the Second World War and its renouncement of subsequent material claims after the war The Federal Government supports neither private restitution claims by expellees nor complaints like that submitted by the private Prussian Trust to the European Court of Human Rights Federal Chancellor Merkel has repeatedly reaffirmed this position The German Federal Foreign Office October 2008 7 a On 9 October 2008 the European Court of Human Rights declared the case of Preussische Treuhand v Poland inadmissible because of the non retroactivity of the European Convention on Human Rights The Court would recall that Article 1 of Protocol No 1 cannot be interpreted as imposing any general obligation on the Contracting States to return property which was transferred to them before they ratified the Convention Nor does this provision impose any restrictions on the Contracting States freedom to determine the scope of property restitution or rehabilitation laws The States are free to choose the conditions under which they agree to restore property rights of former owners and the Convention imposes no specific obligation on them to provide redress for wrongs or damage caused prior to their ratification of the Convention Nicolas Bratza President of the Court 8 See also EditFormer eastern territories of Germany Federation of Expellees Flight and expulsion of Germans 1944 1950 Notes Edit Similar text was on the page in January 2007 first time it was checked When the page was updated in March 2008 the text slightly modified from the initial text remained on the page It had been altered by 17 April 2009 after the European Court of Human Rights case was finished to include a mention of the court s verdict a b Aris 2004 Ziemer 2005 p 4 Paterson 2004 Puhl amp Wassermann 2007 Staff writer 2006 Fotyga2006 German Federal Foreign Office 2007 Bratza 2008 References EditEnglish language homepage of the Die Preussische Treuhand GmbH amp Co KG a A Official comments Fotyga Anna 21 December 2006 Statement of the Minister of the Foreign Affairs archived from the original on 27 September 2011 Polish Minister of the Foreign Affairs 2006 2007 German Federal Foreign Office April 2007 Cultural relations Poland archived from the original on 30 November 2008 Bratza Nicolas 7 October 2008 Decision as to the admissibility Application no 47550 06 byPreussische Treuhand GMBH amp CO KG A A against Poland European Court of Human RightsJournals Ziemer Klaus 2005 What Past What Future PDF Social Science in Eastern Europe Newsletter Social Science Information Centre 4 4 11 ISSN 1615 5459 archived from the original PDF on 10 April 2008In the news Paterson Tony 15 February 2004 Germans claim Third Reich Polish property Daily Telegraph Aris Ben in Berlin and AP in Warsaw 2 August 2004 Schroder apologises to Poles for immeasurable wartime suffering The Guardian Staff writer 18 December 2006 Poles Angered by German WWII Compensation Claims Spiegel Online Puhl Jan Wassermann Andreas 1 January 2007 Suit Evokes Ghosts of War Der SpiegelOnlineFurther reading EditClare Murphy WWII expulsions spectre lives on BBC News online 2 August 2004 Stefan Theil Germany Road to Better Days permanent dead link Newsweek August 2004 backup site permanent dead link DW staff German Post War Refugees to Claim Polish Assets Deutsche Welle 3 August 2004 Penny Campbell Worldwatch Pay Up Time Magazine 12 September 2004 DW staff Warsaw Berlin Tensions Rise Over Expellee Claims Deutsche Welle 6 September 2004 Staff Germans and Poles settle WWII row BBC News 27 September 2004 DW staff Polish Leaders Criticize Latest German Compensation Claims Deutsche Welle 16 December 2006 Associated Press article Polish prime minister urges parliament to affirm Poles rights to property left by expelled Germans in the International Herald Tribune 19 December 2006 Associated Press article Polish foreign minister denies Warsaw wants to renegotiate 1990 border treaty with Germany International Herald Tribune 20 December 2006 Mark Landler Lawsuit Reopens Old Wounds in German Polish Dispute New York Times 25 December 2006 backup site Staff Claims of Ownership How the Organisation Prussian Trust is Complicating Relations with Poland permanent dead link Deutsche Welle 27 December 2006 W Z Claims Complaints amp Controversy Warsaw Voice 3 January 2007 Jan Puhl and Andreas Wassermann Suit Evokes Ghosts of War Spiegel Online 2 January 2007 Tom Hundley German claims from WW II rankle Poland s twin leaders permanent dead link Chicago Tribune 25 January 2007 Staff EU partners Poland German ministers tackle WWII era claims DPA German Press Agency 31 January 2007 From rawstory com not a DPA website a backup site Staff Spiegel interview with former Polish Foreign Minister Wladyslaw Bartoszewski Spiegel Online 15 February 2007 paragraphs 24 27 Retrieved from https en wikipedia org w index php title Prussian Trust amp oldid 1158712714, wikipedia, wiki, book, books, library,

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