Bánskáà Hutní Spolécnost v Hahn

• Jurisdiction: Dinamarca
• Docket Number: Case No. 8
• Date: 12 May 1952
• Court: Western Provincial Court (Denmark)

Denmark, Western Provincial Court.

Case No. 8

Bnsk Hutn Spolenost

and

Hahn.

Recognition of Acts of Foreign Governments Nationalization of Business Enterprise Debts Owing to Enterprise Expropriation without Compensation.

The Facts.On July 1, 1939, the firm of Albert Hahn, in Czecho-Slovakia, delivered to a Danish company goods for the sum of 1,878 Swedish kroner. Owing to the unstable international situation the money had not been paid before the outbreak of the Second World War. After the war the firm of Albert Hahn was nationalized and all its assets transferred to a newly-established Czechoslovak State company. The nationalization took place in pursuance of a Presidential Order of October 27, 1945. In the Order it was stated that the nationalization comprised claims belonging to the nationalized firms. In two Orders of December 27, 1945, and March 7, 1946, issued by the Czechoslovak Minister of Industry it was laid down that the firm of Albert Hahn was nationalized as from October 27, 1945, that its property became State property, and that the nationalization comprised, inter alia, debts owed to the firm. Thereafter both the State company and the former proprietors of the firm of Albert Hahn claimed payment from the Danish debtor for the goods delivered in 1939. The debtor, being in doubt as to whom he had to pay the sum in question, deposited the sum in a Danish bank. In 1950 an action was brought by the State company against the former owners of the firm of Albert Hahn asking that the defendant should acknowledge the plaintiff's title to the debt in...