10. This applies also when the laws of the Federal Republic of Germany state or foresee different scenarios

In the Grundgesetz ( Basic Law) for the Federal Republic of Germany it is stated in Article 143b

[Privatization of the Deutsche Bundespost]

(1) The special trust Deutsche Bundespost shall be transformed into enterprises under private law in accordance with a federal law. The Federation shall have exclusive power to legislate with respect to all matters arising from this transformation.

(2) The exclusive rights of the Federation existing before the transformation may be transferred by a federal law for a transitional period to the enterprises that succeed to the Deutsche Bundespost Postdienst and to the Deutsche Bundespost Telekom. The Federation may not surrender its majority interest in the enterprise that succeeds to the Deutsche Bundespost Postdienst until at least five years after the law takes effect. To do so shall require a federal law with the consent of the Bundesrat.

This article of the Grundgesetz (basic law) for the Federal Republic of Germany is according to effective private international law invalid.

Reasons:

A. Bundesgesetzblatt (Federal Law Gazette), 1990, Part II, Page 1274

“Announcement of the agreement of September 27/28, 1990, to the treaty concerning the relations between the Federal Republic of Germany and the Three Powers (in the altered version)
as well as the agreement about the regulation of questions arising from war and occupation (in the altered version) of October 8, 1990 …
3. The following dispositions of the transition agreement will remain effective:
Part One: Article 1, Paragraoh 1, Sentence 1 until “… lift or change legal prescriptions”
as well as Article 2, Paragraph 1 (see below under B)
Art. 3, 4, 5, 7, 8
Third Part, Addendum:
Article 3, 6
Sixth Part, Article 3
Seventh Part, Article 1
Ninth Part, Article 1
Tenth Part, Article 4 …

Original document

B. Transition Agreement
Agreement for the Regulation of Questions Arising from War and Occupation
(in the version changed according to List IV accompanying the protocol about the ending of the occupation regime in the Federal Republic of Germany signed at Paris on October 23, 1954)

Article 2 (1) All rights and obligations based on or recognised in legislative, judicial or administrative measures by the occupational authorities are and remain effective in all aspects according to German law. irrespective whether they are based on or recognised in with other rules of law. These rights and obligations are subject without discrimination to the same future legislative, judicial and administrative measures as similar rights and obligations based on or recognised in intrastate German law.”
(see 3. B above)

Original document

C. Grundgesetz (Basic Law) for the Federal Republic of Germany, Art. 139

Article 139 [Continuing validity of denazification provisions]

The legal provisions enacted for the “Liberation of the German People from National Socialism and Militarism” shall not be affected by the provisions of this Basic Law.

Basic Law for the FRG

D. SHAEF Law No. 52, Article VI

«Conflicting Laws
8. In case of any inconsistency between this law or any order made under it and any German law the former prevail. All German laws, decrees and regulations providing for the seizure, confiscation or forced purchase of property enumerated in Articles I or II hereof, are hereby suspended.»

Original SHAEF document

E. Military Government – Germany: General Directive No. 2 – according to Law No. 52 and SHAEF Law No. 55:

“IG Farbenindustrie AG: Ban of legal transactions in stocks and obligations and other financial interests of the IG Farbenindustrie AG.”
This general disposition is the actual and generally recognised legal practice.

Original SHAEF document

Reasons to E:

Documentation of the actual situation in the matter IG Farben in the press; cross-examination of members of the board of IG Farben, and more

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