Tue, Oct. 31, 2006

German Sovereignty Lost in 1945?

.   Did Germany's surrender in 1945 trigger its loss of sovereign immunity so that Germany may be sued in American courts under the Foreign Sovereign Immunities Act? A German American heir to German tax debts failed to convince the United States District Court for the District of Columbia of this proposition, in the matter Harold William Gutch v. Federal Republic of Germany, case number 05-2338, decided on July 27, 2006. In addition, the court found that neither NATO-SOFA nor other alleged bases fell within the exceptions to the FSIA.


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